June 01, 2020

District Judge Rejects the Majority’s ‘Gotcha’ Approach to Automatic Abandonment

Sufficiently listing an asset anywhere in the schedules and SOFA will result in abandonment if the asset was not administered by the trustee, Utah district judge holds.

10th Circuit, Utah

May 28, 2020

BAP Didn’t See Barnhill as Prescribing the Date of Transfer from a Retirement Account

The First Circuit BAP evidently believes that a transfer occurred, even though an ordinary check wasn’t cashed.

1st Circuit

May 22, 2020

An Exempt Asset Effectively Loses Its Exemption in Chapter 13

Lower courts are split on whether an exempt asset is included in the calculation of “projected disposable income” in chapter 13.

10th Circuit, Colorado

May 21, 2020

Judge Shefferly Confines Viegelahn to Its Facts

If a chapter 13 plan isn’t confirmed, the debtor’s counsel is paid.

6th Circuit, Michigan, Michigan Eastern District

May 18, 2020

Setoff Rights of the IRS Prevail over a Debtor’s Attempt to Exempt a Tax Refund

Fourth Circuit answered a question of first impression where the lower courts disagreed.

4th Circuit

May 15, 2020

Judge Christopher Klein Takes Sides on a Circuit Spilt Coming to the Supreme Court

Judge Klein’s opinion reads like an amicus brief urging the Supreme Court to grant ‘cert’ and resolve a circuit split by taking sides with the majority on Section 362(c)(3)(A).

9th Circuit, California, California Eastern District

May 14, 2020

‘Snapshot’ Rule for Valuation Doesn’t Apply to Compelling Abandonment, Circuit Says

Equity in property at the time of a hearing, not at filing, decides whether the court should compel abandonment, Sixth Circuit says.

6th Circuit

May 07, 2020

Executory Contract Was Deemed Rejected Even Though Not Scheduled as Executory

For the Eleventh Circuit, scheduling the unsecured claim resulted in automatic rejection even though the contract was not scheduled as executory.

11th Circuit

May 06, 2020

May a Bankruptcy Court Annul the Automatic Stay after Acevedo?

Bankruptcy Judge Grossman explores the extent to which the Supreme Court’s Acevedo decision bars courts from granting relief retroactively.

2nd Circuit, New York, New York Eastern District

April 28, 2020

Two-Year Statute for Avoidance Actions Doesn’t Apply to Claim Objections

Even if the two-year statute of limitations for avoidance actions has run, the trustee can still strip away the lender’s secured status in a claim objection.

11th Circuit, Georgia, Georgia Northern District