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ABI Journal

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, Minnesota

July 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 District

July 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 Jersey

July 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, Maryland

June 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 Court

June 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 Circuit

June 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 District

June 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 Circuit

June 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 District

June 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