March 06, 2024

Judge Easterbrook Says: Bankruptcy Court Could Set Aside Erroneous State Court Ruling

By referring to the Rooker-Feldman doctrine, the appellant might have won an appeal where the bankruptcy court effectively set aside an erroneous decision by a state court regarding discharge.

7th Circuit

March 04, 2024

A Bankrupt Defendant Complicates Filing an Appeal Against Everyone Else

The Sixth Circuit explains how to appeal when the automatic stay prevents an order in a multi-defendant suit from becoming a final order.

6th Circuit

February 29, 2024

Arizona Supreme Court Says RVs Aren’t Exempt Homesteads Because They Move

Although a ‘mobile home’ in Arizona is exempt, a ‘motor home’ is not exempt because it has a motor.

9th Circuit, Arizona

February 21, 2024

Supreme Court Won’t Decide Whether ‘13’ Trustees Are Paid When Plans Aren’t Confirmed

Any day now, the Second Circuit could create a split of circuits importuning the Supreme Court to decide whether chapter 13 trustees are paid fees even if no plan is confirmed.

Supreme Court

February 09, 2024

Creditors Don’t Receive Estate Assets Recovered After the Last Chapter 13 Plan Payment

Absent a provision in the plan to the contrary, creditors aren’t given estate assets recovered after the final plan payment.

9th Circuit, Idaho

February 06, 2024

Rooker-Feldman Even Bars Review of State Court Judgments that Are ‘Void,’ Circuit Says

A debtor has one bite at the apple to enforce discharge. Take your pick: state or federal court, but not both.

5th Circuit

February 02, 2024

Dispositions of Marital Property Aren’t Always Beyond the Avoiding Powers

A division of marital property on consent to someone other than a spouse might be a fraudulent transfer.

6th Circuit, Tennessee, Tennessee Eastern District

February 01, 2024

Cursing the Debtor by Itself Isn’t a Violation of the Automatic Stay

A vulgarity directed at the debtor wasn’t a stay violation absent an act designed to collect a debt.

9th Circuit, California, California Eastern District

January 31, 2024

Congress Must Act to Permit Chapter 7 Debtors to Pay Counsel After Filing

Bifurcated fee arrangements are cumbersome, temporary fixes for a problem that the Supreme Court created in Lamie.

3rd Circuit, Pennsylvania, Pennsylvania Western District

January 30, 2024

Bankruptcy Is No Get-Out-of-Jail-Free Card for a Disobedient Debtor

When there has been a division of marital property, does a debtor only hold legal title to property given to the spouse?

7th Circuit, Illinois, Illinois Northern District