December 23, 2024
‘Accrual Test’ Again Survives to Say Whether the Debtor or the Estate Owns a Claim
There are two tests again for the existence of a claim, one test for claims against the debtor and another for claims by the debtor.
11th Circuit, Florida, Florida Middle DistrictDecember 18, 2024
Debtor’s Appeal from Chapter 13 Plan Confirmation Held Equitably Moot
District court equates distribution to creditors in chapter 13 to substantial consummation of a chapter 11 plan.
4th Circuit, Virginia, Virginia Eastern DistrictDecember 09, 2024
Having Committed Fraud Doesn’t Prevent a Debtor from Vacating a Judicial Lien
If a creditor’s judicial lien is avoided, how can the creditor collect the underlying debt if it’s excepted from discharge?
10th Circuit, New MexicoDecember 06, 2024
Giving the Debtor a Grace Period to Cure Isn’t Extending a Plan Beyond Five Years
In the Third Circuit, it’s possible to cure a payment default under a chapter 13 play beyond five years, district judge says in affirming the bankruptcy court.
3rd Circuit, New JerseyDecember 04, 2024
For Nondischargeability, a Bankruptcy Court Can Find a Securities Law Violation
A decision from a state or federal court before bankruptcy finding a securities law violation isn’t required for nondischargeability under Section 523(a)(19).
9th CircuitNovember 27, 2024
Creating a Circuit Split, Ninth Circuit Allows Retirement Contributions in Chapter 13
The Ninth Circuit split with the Sixth Circuit in the interpretation of the ‘hanging paragraph’ in Section 541(b)(7). Courts are divided four ways on whether or how much a ‘13’ debtor may contribute to voluntary retirement plans after filing.
9th CircuitNovember 20, 2024
BAP Rejects Due Process Attack for Denial of ‘13’ Trustee Fees on Dismissal
Ninth Circuit BAP says there is no due process problem with denial of chapter 13 trustee fees if dismissal precedes confirmation.
9th CircuitNovember 15, 2024
Sub V Trustee in Chapter 11 Can’t Be Enlisted to Pursue Avoidance Actions
District judge decides that an individual debtor has standing to appeal conversion from Subchapter V of chapter 11 to chapter 7.
2nd Circuit, New York, New York Southern DistrictNovember 14, 2024
Barring Use of an Online Payment Platform Was an Automatic Stay Violation
Bankruptcy Judge Michelle Harner decided that a mortgage servicer must allow a chapter 13 debtor’s continued use of an online payment platform.
4th Circuit, MarylandNovember 12, 2024
Judicial Immunity Can Protect a Trustee when Barton Doesn’t Apply, Circuit Says
When a trustee mistakenly seizes a nondebtor’s property, the Barton doctrine by itself doesn’t protect the trustee, but judicial immunity does.
11th Circuit