July 11, 2016

Chapter 7 Debtors’ Access to Counsel Threatened by B.A.P. Opinion

Ninth Circuit B.A.P. highlights discrimination against chapter 7 debtors.

9th Circuit

July 08, 2016

Tenth Circuit Examines Three Versions of Appellate Mootness

Good faith finding is required before dismissal of an appeal under Section 363(m).

10th Circuit

July 07, 2016

District Court Not Bound by Unopposed Objections to Proposed Findings and Conclusions

Fifth Circuit liberates district judges in adopting or rejecting bankruptcy court’s proposed rulings.

5th Circuit

July 05, 2016

Plan Permitted to Stretch Out Redemption Payments Following a Tax Sale

Courts split on whether failure to redeem on time is fatal in a reorganization.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

July 01, 2016

Complex Litigation Can Beat a Valid Forum Selection Clause

Enforcement of a forum selection clause is sometimes not mandatory, Delaware judge says.

3rd Circuit, Delaware

June 29, 2016

Denial of Settlement Is Not Final and Not Appealable, Sixth Circuit Holds

Supreme Court’s Bullard opinion implies that denials of settlements are not appealable.

6th Circuit

June 28, 2016

Cover Sheet Is No Substitute for Filing a Complaint

Kansas judge strictly enforces rules on filing dischargeability complaints.

10th Circuit, Kansas

June 27, 2016

Seventh Circuit Requires Chapter 13 Payments Beyond Five Years

Appeals court narrowly reads Bullard on finality.

7th Circuit

Careful Timing Lets Chapter 13 Debtors Retain Personal Injury Settlements

Bankruptcy judge interprets ‘cause’ under Section 1329(c) as being debtor-centric.

11th Circuit, Alabama, Alabama Middle District

June 24, 2016

Claim Objections Are Permissible in Chapter 13 After Plan Confirmation

Tulsa judge permits leisurely objections to unsecured claims in chapter 13.

10th Circuit, Oklahoma, Oklahoma Northern District