September 07, 2022

Homestead Proceeds May Be Exempt Under State Law but Not Under Section 522(d)(1)

Affirming the bankruptcy court, the Sixth Circuit BAP won’t exempt proceeds from the prepetition sale of a home, even though the proceeds were identifiable and in escrow.

6th Circuit

August 30, 2022

Filing ‘13’ Immediately After Renewing a Title Loan Might Be Bad Faith

Reversing the bankruptcy court, a district court says that renewing a title loan before filing might bar confirmation of a chapter 13 plan.

11th Circuit, Alabama, Alabama Middle District

August 22, 2022

‘Results Obtained’ Can Justify Cutting Fees by 50%, Sixth Circuit Says

In fee allowances, considering ‘results obtained’ survived the 1994 amendments to Section 330(a).

6th Circuit

August 16, 2022

A Solvent Estate Must Be ‘Likely’ to Confer Standing on an Individual Chapter 7 Debtor

The Seventh Circuit doesn’t accept a debtor’s asset schedules as gospel in deciding whether there is appellate standing.

7th Circuit

August 11, 2022

Retirees Breathe a Sigh of Relief: A Golf Cart Can Be an Exempt Motor Vehicle

Surprisingly, no court had previously ruled on whether a golf cart can be exempt.

10th Circuit, Oklahoma, Oklahoma Western District

August 08, 2022

First Circuit BAP Limits the Student Loan ‘Borrower Defense’

The First Circuit BAP suggests that invocation of the borrower defense with regard to dischargeability of student loans requires exhaustion of administrative remedies in the Department of Education.

1st Circuit

August 05, 2022

Ninth Circuit Invited to Sit En Banc Regarding Dischargeability of Disciplinary Costs

The Ninth Circuit again questions the Supreme Court’s ‘atextual’ analysis of Section 523(a)(7).

9th Circuit

August 03, 2022

The PBGC Isn’t a ‘Triggering Creditor’ for a Section 544(b) Suit by a Trustee

If the government isn’t suing on a claim originally owing to the U.S., a trustee can’t use the six-year statute of limitations in the FDCPA.

4th Circuit, North Carolina, North Carolina Western District

August 02, 2022

Courts Disagree on a Trustee’s Ability to Use the IRS’s Longer Statute of Limitations

Two or three years from now, the Tenth Circuit may have a chance to agree or disagree with the Fifth Circuit on an important question under Section 544(b).

10th Circuit, Kansas

August 01, 2022

A Judgment for Punitive Damages Might Not Support Nondischargeability Automatically

Jury instructions and a special verdict form can determine whether issue preclusion automatically results in nondischargeability.

5th Circuit, Texas, Texas Southern District