April 22, 2016

Courts Gravitating Toward Paying Lawyers on Chapter 13 Dismissals

Chapter 13 debtor lawyers are paid when cases dismiss rather than convert.

1st Circuit

April 21, 2016

Courts Split on Stripping Down Partially Commercial Mortgages

Buffalo case begs for circuit court ruling to set up a circuit conflict and cert petition.

2nd Circuit, New York, New York Western District

April 20, 2016

Austin Judge Writes Treatise on Valuation of Personal Property

Lender needs more than Blue Book value to win a valuation trial.

5th Circuit, Texas, Texas Western District

April 18, 2016

Potential Tort Claims Are Not Estate Property

Not knowing a cause of action exists sometimes keeps a tort claim out of the estate.

2nd Circuit, New York, New York Eastern District

April 16, 2016

Ninth Circuit Says 1980s Supreme Court Opinion Out of Step with Plain Meaning

High court should revisit Kelly v. Robinson from 1986, circuit court says.

9th Circuit

Lower Courts Split on Nondischargeability of Education-Related Loans

New York judges narrowly define ‘educational benefit’ to discharge student loans.

2nd Circuit, New York, New York Eastern District

April 15, 2016

Courts Split on Allowing Individual Debtors to Retain Wages on Conversion from 11 to 7

Question left open in Harris v. Viegelahn decided against debtor in chapter 11.

7th Circuit, Wisconsin, Wisconsin Western District

Courts Split on Chapter 13 Debtors’ Rights under Section 108(b)

Chattanooga judge takes pity on a debtor about to lose her home in a tax sale.

6th Circuit, Tennessee, Tennessee Eastern District

April 14, 2016

New York District Court Bars Forced Vesting of Title Through a Chapter 13 Plan

Split in lower courts now tilts toward precluding forced title vesting in chapter 13.

2nd Circuit, New York, New York Eastern District

April 12, 2016

Bankruptcy Rules Deadlines Apply to Trials in District Court, Circuit Holds

Federal Rules are ousted for bankruptcy matters in district court, Eleventh Circuit says.

11th Circuit