May 05, 2025
‘Notice’ in Rule 3002(c)(7) Means Notice of the Bar Date, Not Notice of the Case
Bankruptcy Judge Scott Grossman adopted the analysis by Bankruptcy Judge Brian Walsh in concluding that creditors are entitled to notice of the claims bar date, not just notice of the filing.
11th Circuit, Florida, Florida Southern DistrictMay 01, 2025
Middle Ground on the Circuit Split over Dismissal vs. Conversion in Chapter 13
Bankruptcy Judge Michael Fagone permits dismissal of a chapter 13 case, but with a bar to refiling within two years.
1st Circuit, MaineApril 29, 2025
Panel Trustee’s Personal Misconduct Was Grounds for Removal for ‘Cause,’ BAP Says
The panel trustee had been found in state court to be a spousal abuser who lied in obtaining a Covid loan.
9th CircuitApril 28, 2025
Debtors’ Lawyer Has No 7th Amendment Right to Sue for Post-Petition Fees, Circuit Says
The debtors’ inequitable conduct didn’t relieve counsel of the duty to disclose fees charged for post-petition litigation.
3rd CircuitApril 25, 2025
Fifth Circuit: Repayment of Unsecured Term Loan Sometimes Must Be Accelerated in ‘13’
A 2/1 decision required chapter 13 debtors to accelerate repayment of nondischargeable student loans.
5th CircuitApril 24, 2025
On a Split, Ninth Circuit BAP Holds: Misconduct in ‘11’ Doesn’t Prevent Conversion to ‘7’
Given that chapter 7 has remedies like denial of discharge for a debtor’s misconduct, bad faith in chapter 11 doesn’t allow dismissal on conversion to chapter 7.
9th CircuitApril 08, 2025
Trustee May Not Liquidate Estate Property Solely to Benefit a DSO Creditor
Affirming Bankruptcy Judge Michael Romero, the district court holds that an exemption remains valid even though the exempt property remains subject to a nondischargeable domestic support obligation.
10th Circuit, ColoradoApril 07, 2025
Married Immediately Before Bankruptcy, the ‘Household’ Is Two, Not One
Wife who contributed nothing toward household expenses is still counted as part of the ‘household,’ Chicago’s Judge Slade says.
7th Circuit, Illinois, Illinois Northern DistrictMarch 28, 2025
Estimated Tax Payments Made Before Filing Aren’t Fraudulent Transfers to the IRS
When estimated tax payments are ‘reasonable’ estimates of the year’s taxes, they aren’t fraudulent transfers, district judge says
5th Circuit, Texas, Texas Western DistrictMarch 26, 2025
Bankruptcy Judge Upheld: No Arbitration on Claims for Violating the Automatic Stay
Bankruptcy Judge Paul Black was affirmed in district court for holding that arbitration of claims for violating the automatic stay would conflict with the centrality of administration in bankruptcy cases.
4th Circuit, Virginia, Virginia Western District