November 07, 2016

Supplier Has No 20-Day Priority Against Partner for Goods Sold to Partnership

Uniform laws bar administrative claims against general partner under Section 503(b)(9).

5th Circuit, Mississippi, Mississippi Northern District

November 04, 2016

Debtor May Not Benefit from His Own Fraudulent Transfer

Exemption cannot be claimed in a home recovered as a fraudulent transfer.

5th Circuit, Texas, Texas Southern District

November 03, 2016

Accelerating Final Payoff Doesn’t Permit Modifying a Home Mortgage

Debtor’s clever strategy to prepay a mortgage didn’t invoke Section 1322(c)(2).

5th Circuit, Texas, Texas Southern District

November 01, 2016

Chapter 13 Stretches Out the Time for Redeeming Pawned Property

Real estate foreclosure and pawn transactions aren’t the same, Georgia judge says.

11th Circuit, Georgia, Georgia Middle District

October 31, 2016

Creditor with Scheduled Claim Still Must File a Proof of Claim in Chapter 13

Ninth Circuit finds no loopholes in chapter 13’s claim-filing requirement.

9th Circuit

October 31, 2016

Baker Botts Read Narrowly on Compensation for Defending Fee Application

Florida judge allows fees for supplementing application with more detail.

11th Circuit, Florida, Florida Middle District

October 28, 2016

Pending Circuit Court Appeals to Mold Consumer and ‘Reorg’ Bankruptcy Law

En banc rehearings headline upcoming circuit court decisions.

October 27, 2016

Supreme Court May Grant ‘Cert’ in Several More Bankruptcy Cases

Consumer and reorganization circuit splits are seeking Supreme Court review.

Supreme Court

October 27, 2016

Discharge Denied for Omitting Name of a Retirement Account

Scheduling the amount of an asset isn’t enough. The name must be shown, too.

1st Circuit

October 26, 2016

Judge Farris Disagrees with 11th Circuit on ‘Surrender’ as Waiver of Foreclosure Defenses

Less than a month after Failla, a circuit split is brewing on the effect of intention to surrender.

9th Circuit