January 09, 2017

Direct Circuit Review Isn’t Possible from Proposed Findings and Conclusions

A Stern-infected decision can’t be appealed directly to a court of appeals, the Eleventh Circuit says.

11th Circuit

January 06, 2017

On the Means Test, Fourth Circuit Allows Chapter 7 Debtors the Best of Both Worlds

Deadlines for direct appeal to the circuit are procedural, not jurisdictional.

4th Circuit

January 05, 2017

Lease Rejection Cap Doesn’t Apply to Past-Due Rent Accrued Before Rejection

Ninth Circuit refuses to apply Section 506(b)(6) to all damages related to lease claims.

9th Circuit

January 04, 2017

Solicitor General Supports the Debtor in Midland Funding on FDCPA Violation

Government says that filing a stale bankruptcy claim violates the FDCPA.

Supreme Court

December 30, 2016

Chapter 12 Eligibility Requirements Construed Liberally in Favor of the Debtor

Unfiled claims aren’t included in calculation of total debt for chapter 12 eligibility.

6th Circuit, Kentucky, Kentucky Western District

December 27, 2016

Seventh Circuit Narrowly Interprets Co-Debtor Stay in Section 1301(a)

Co-debtor stay prevented from becoming an automatic stay for a non-filing spouse.

7th Circuit

December 23, 2016

Judge Posner Says Chapter 13 Confirmation Doesn’t Make Appeals Moot

Entireties ownership wasn’t terminated by transfer to a trust owned by the entireties.

7th Circuit

December 22, 2016

Disclaimer Saves Debt Collector from Violating the FDCPA in the Fourth Circuit

An admitted attempt to collect a debt rendered informational only by a disclaimer.

4th Circuit

December 20, 2016

Debtor Has Valid Homestead Exemptions Even Without Equity in the Property

Adhering to traditional bankruptcy concepts, Utah judge gives reasons for reversing Jevic.

10th Circuit, Utah

December 19, 2016

Child Support Cases Avoid Thorny Choice of Law Questions

Judge Janice Loyd writes a handbook on choice of law and statutes of limitations.

10th Circuit, Oklahoma, Oklahoma Western District