October 11, 2016

‘Core’ Jurisdiction Exists over Claim Allowance Even in ‘No Asset’ Cases

Bankruptcy court can make a final order disallowing an unfiled claim under state law.

6th Circuit, Ohio, Ohio Northern District

October 11, 2016

Disability-Care Payments Are Excluded from Calculation of ‘Disposable Income’

Government payments to care for disabled adults go to parents, not creditors, judge rules.

4th Circuit, Virginia, Virginia Western District

October 07, 2016

Reimbursed Expenses Included in Calculating Median Income for Plan Duration

Debtor kicked into longer plan as a consequence of employer’s expense reimbursements.

7th Circuit, Wisconsin, Wisconsin Eastern District

October 06, 2016

Election to ‘Surrender’ Property Bars Opposition to Foreclosure, Eleventh Circuit Holds

Debtors may face sanctions for continuing to occupy property they intend to surrender.

11th Circuit

October 06, 2016

Trustee Gets No Fee on Insurance Proceeds Paid to Secured Lender

District judge prescribes local rule for bankruptcy courts.

5th Circuit, Louisiana, Louisiana Western District

October 04, 2016

Pro Se Debtors Entitled to Different Notice Before Sua Sponte Dismissal

Pro se debtors must be told explicitly of the right to request a hearing.

4th Circuit, Virginia, Virginia Western District

September 26, 2016

Validity of Inherited Homestead Exemption Decided by Allusion to Baseball

A house that wasn’t a homestead on the filing date held eligible for the exemption.

11th Circuit, Florida, Florida Middle District

September 21, 2016

FDCPA’s One-Year Statute of Limitations Strictly Enforced

FDCPA suit must begin within one year of the filing of a time-barred claim.

11th Circuit, Alabama, Alabama Middle District

September 20, 2016

Post-Confirmation Jurisdiction Is Narrow Following a Bona Fide Reorganization

After confirmation, New York’s Judge Glenn requires ‘close nexus’ for jurisdiction.

2nd Circuit, New York, New York Southern District

September 19, 2016

Fifth Circuit Arguably Softens Injury Requirement for Constitutional Standing

Extent of injury required for Article III standing remains an open question.

5th Circuit