June 17, 2016

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

June 01, 2016

Dismissal of a Chapter 13 Case Bars Invocation of Judicial Estoppel

Dismissing a chapter 13 case successfully retains the benefit of a lawsuit for the debtor alone.

5th Circuit, Louisiana

May 31, 2016

Recent Decisions Bar Cramdown on Mixed-Use Principal Residences

Newark and Buffalo judges read 1322(b)(2) narrowly and in favor of mortgage lenders.

3rd Circuit, New Jersey

May 27, 2016

Clark v. Rameker’s Gaping Loophole Allows Debtors to Retain Inherited IRAs

State law overrides ‘significant policy concerns’ in Supreme Court decision.

3rd Circuit, New Jersey