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ABI Journal

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 Circuit

January 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 Circuit

January 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 Court

January 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 Circuit

December 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 District

December 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 Circuit

December 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 District

December 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 Court

December 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 District

December 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