October 31, 2019
Circuit Split Narrows on the Automatic Stay and Turnover of Repossessed Cars
Third Circuit also holds that turnover in Section 542(a) is not automatic. The debtor must mount an adversary proceeding to obtain a turnover of property.
3rd CircuitOctober 30, 2019
Another Appellate Court Bars Arbitration of ‘Core’ Claims
State attorney general was allowed to intervene in a class suit alleging that a lender violated usury laws.
4th Circuit, Virginia, Virginia Eastern DistrictOctober 25, 2019
Discharge Is Enforceable Only in the Issuing District, Fifth Circuit Says
Fifth Circuit bars nationwide class actions to enforce the discharge injunction. However, the appeals court ruled that private student loans are dischargeable.
5th CircuitOctober 23, 2019
Stay Annulment Is Ok Just to Avoid Liability for Willful Stay Violation
The debtors didn’t have a great case for a stay violation after filing six chapter 13 petitions and living rent-free for five years.
9th CircuitOctober 22, 2019
Fifth Circuit Still Precludes Arbitration of ‘Core’ Bankruptcy Issues
Fifth Circuit panel does not interpret recent Supreme Court authority as overruling circuit opinions allowing bankruptcy courts to disregard arbitration agreements.
5th CircuitOctober 18, 2019
Courts Split on Allowing a Late Claim if the Creditor Was Not Listed
Bankruptcy Judge Elizabeth Brown of Denver differs with Bankruptcy Judge Michelle Harner of Baltimore on the interpretation of Bankruptcy Rule 3002(c)(6).
10th Circuit, ColoradoOctober 17, 2019
In Chapters 7 and 13, ‘Excusable Neglect’ Won’t Always Justify Filing a Late Claim
A creditor without knowledge of bankruptcy isn’t always entitled to file a late claim in chapters 7, 12, and 13, Judge Harner says.
4th Circuit, MarylandOctober 09, 2019
Knowledge of Fraud Before Discharge Doesn’t Always Preclude Revocation
Eleventh Circuit refuses to read words into Section 727(d)(2) that aren’t there.
11th CircuitOctober 07, 2019
Debtors’ Attorneys Are Paid in Chapter 13 Before Secured Creditors
Indiana bankruptcy and district judges rule that secured lenders are only entitled to ‘adequate protection’ until the debtor’s counsel’s allowed fees have been paid in full.
7th Circuit, Indiana, Indiana Southern DistrictOctober 04, 2019
Separate Classification of a Child’s Student Loan Barred in a Chapter 13 Plan
Factors in permitting separate classification of debts include moral obligation and tangible benefit.
4th Circuit, North Carolina, North Carolina Eastern District