January 27, 2021
The length of time before filing a motion to extend the appeal-filing deadline isn’t dipositive under Rule 8002(d)(1)(B).
6th Circuit
January 22, 2021
Long Island judge follows ‘Burt’ Lifland and rules that a secured creditor is not entitled to adequate protections for periods of time before filing a motion giving rise to adequate protection.
2nd Circuit, New York, New York Eastern District
January 19, 2021
When personal property loans are cross-collateralized, a chapter 13 plan must use the same option for cramming down both loans, the Fifth Circuit says.
5th Circuit
January 18, 2021
When there’s ‘no fair ground of doubt’ about a discharge violation, the creditor should settle or make an offer of settlement to avoid larger damages after trial.
11th Circuit, Florida, Florida Middle District
January 14, 2021
The Ninth Circuit BAP says there must be knowledge of the discharge order to find contempt, even when the debtor continues the same conduct that violated the automatic stay.
9th Circuit
January 14, 2021
Justices rule that affirmative action is required before withholding property amounts to controlling estate property and results in an automatic stay violation.
Supreme Court
January 13, 2021
Where the courts are split, Idaho judge sides with the Tenth Circuit BAP and allows a chapter 13 debtor to retain post-petition appreciation in the value of a homestead following conversion to chapter 7.
9th Circuit, Idaho
