June 23, 2016

California’s Fee-Shifting Statute Still Does Not Apply to Lift-Stay Motions

District Court says Supreme Court did not impliedly overrule Ninth Circuit’s Johnson decision.

9th Circuit, California, California Northern District

June 20, 2016

Disallowance of Nondischargeable Debt Does Not Bar Later Collection, B.A.P. Says

Eighth Circuit B.A.P. majority allows collection of disallowed priority claims.

8th Circuit

June 17, 2016

New York District Judges Disagree on Arbitrating Violations of the Discharge Injunction

Important bankruptcy class action cases heading for the Second Circuit.

2nd Circuit, New York, New York Southern District

Sixth Circuit Joins the Split on Whether Bankruptcy Courts Are ‘Courts of the U.S.’

The Supreme Court may have a new case to elevate or diminish the status of bankruptcy courts.

6th Circuit

June 16, 2016

Circuit Rules Against Equitable Tolling for Objections to Discharge

Section 727(a)(2) is not a statute of limitations, Ninth Circuit holds.

9th Circuit

June 15, 2016

Seventh Circuit Broadens ‘Ordinary Course’ Defense to Benefit Suppliers

Seventh Circuit lauds Judge Lane’s Quebecor World preference opinion.

7th Circuit

June 08, 2016

In-Kind Income Excluded from Calculation of Current Monthly Income

Judge takes practical approach to decide what’s considered current monthly income.

7th Circuit, Wisconsin, Wisconsin Eastern District

June 07, 2016

Did Segal v. Rochelle Survive Butner and Adoption of the Bankruptcy Code?

Courts use four approaches to harmonize Butner with Segal v. Rochelle.

3rd Circuit, Pennsylvania, Pennsylvania Western District

June 06, 2016

Chapter 7 Debtors Might Benefit from Jevic by Analogy

Otherwise-valueless exemptions might get value, depending on the outcome of Jevic.

6th Circuit, Michigan, Michigan Eastern District

June 02, 2016

Courts Disagree on Necessity for Court Approval of New Debt in Chapter 13

To protect debtors from unscrupulous lenders, courts drive up the cost of chapter 13.

8th Circuit, Minnesota