January 20, 2023
Tenth Circuit Doesn’t Pay ‘13’ Trustee if Dismissal Precedes Confirmation
The first court of appeals to rule on a question where lower courts are split, the Tenth Circuit finds the statute unambiguous and requires a chapter 13 trustee to disgorge his or her fee if the case is dismissed before confirmation.
10th CircuitJanuary 19, 2023
Dubious Eleventh Circuit Opinion Permits Collateral Attack on Final Confirmation Order
Although the chapter 13 confirmation order was concededly final and enforceable, the appeals court set aside a plan provision modifying a residential mortgage.
11th CircuitJanuary 18, 2023
Supreme Court to Hear Two More Bankruptcy Cases This Term
The high court will decide whether a real estate tax foreclosure can violate the Takings Clause and whether Section 106 abrogates sovereign immunity as to Native American tribes.
Supreme CourtJanuary 17, 2023
Second Circuit Limits the Significance of Homaidan on Discharge of Private Student Loans
The Fair Credit Reporting Act doesn’t require credit reporting agencies to resolve disputed facts or law about the discharge of private student loans.
2nd CircuitDecember 28, 2022
Chapter 13 Debtor Can’t Sue to Avoid an Unperfected Mortgage, District Judge Says
Wisconsin district judge implies that a chapter 13 debtor might obtain ‘derivative standing’ to avoid an unperfected mortgage.
7th Circuit, Wisconsin, Wisconsin Western DistrictDecember 16, 2022
Lack of Familiarity with PACER Is No Excuse for a Late Filing, Tenth Circuit Says
Some tasks are too complex for lawyers and should be performed by paralegals.
10th CircuitDecember 15, 2022
Like Willful Violations, Technical Stay Violations Are Void, Not Just Voidable
California bankruptcy judge doubts the Ninth Circuit will adopt the BAP’s dicta by holding that technical stay violations are only voidable, not void.
9th Circuit, California, California Eastern DistrictDecember 08, 2022
Bartenwerfer Argument Invites the Supreme Court to Depart from ‘Plain Meaning’
Will the Supreme Court add words to Section 523(a)(2)(A) to yield a result that the justices find more palatable?
Supreme CourtDecember 02, 2022
Current IRS Expense Standards Used When Modifying a Chapter 13 Plan
Bankruptcy Judge Robert Mark used common sense and logic to answer a question where the statute has no ready answer.
11th Circuit, Florida, Florida Southern DistrictDecember 01, 2022
The Bankruptcy Code Doesn’t Invalidate Transfer Restrictions in an Operating Agreement
The transfer restrictions in an LLC’s operating agreement are enforceable in a bankruptcy sale, the Tenth Circuit BAP says.
10th Circuit