July 19, 2021
Tribal Law Defined the Nature of a Tribe Member’s Property Interest in Gaming Revenue
Federal law allows tribes to determine whether a tribe member’s interest in distributions of gaming revenue will be estate property in bankruptcy, Judge Ridgway says.
8th Circuit, MinnesotaJuly 15, 2021
Fees Benefiting Only the Debtor — and Not the Estate — Are Compensable in Chapter 13
Section 330(a)(4)(B) is an exception to the American Rule and the notion that administrative expenses must benefit the estate, not just the debtor.
5th Circuit, Texas, Texas Northern DistrictJuly 09, 2021
Amended Chapter 13 Plan Allowed to Cure Post-Petition Mortgage Defaults
Courts are split on whether a debtor may amend a chapter 13 plan to cure post-petition defaults on a principal residence.
3rd Circuit, New JerseyJuly 06, 2021
Maryland Decision Shows the Hardship Imposed on Debtors by Student Loans
Judge Harner does the best she can to ease the burden imposed on a debtor by student loans.
4th Circuit, MarylandJune 29, 2021
Supreme Court Majority Deals a Blow to Enforcement of Consumer Protection Laws
Supreme Court narrows Spokeo by holding that violation of a statute won’t always give rise to standing and the right to sue for damages.
Supreme CourtJune 25, 2021
Eighth Circuit BAP Approves the Amount of Bifurcated Fees Paid After Filing
Courts are continuing to grapple with bifurcated fee arrangements allowing chapter 7 debtors to pay the entire fee after filing.
8th CircuitJune 21, 2021
Standards Laid Down for Bifurcated Fee Arrangement in the Southern District of Florida
Local or state bar groups should work up standard-form retainer agreements and disclosures to facilitate bifurcated fee arrangements.
11th Circuit, Florida, Florida Southern DistrictJune 18, 2021
Barton Protection Ends When the Bankruptcy Case Closes, Eleventh Circuit Says
Eleventh Circuit splits with four other circuits by holding that the Barton doctrine doesn’t protect trustees once the bankruptcy is over.
11th CircuitJune 17, 2021
Treble Damages for ‘Willfulness’ Won’t Automatically Result in Nondischargeability
The lack of specific findings of fact by the arbitrator meant that a treble damage award for willful breach of contract was dischargeable.
2nd Circuit, New York, New York Eastern DistrictJune 16, 2021
Acevedo Doesn’t Bar Compensation for Services Before Entry of a Retention Order
So long as there was no delay in filing the retention application, Judge Tighe identified statutory and practical reasons for allowing compensation for services rendered before entry of a retention order.
9th Circuit, California, California Central District