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May 02, 2018

No “Related To” Jurisdiction for a Chapter 7 Debtor’s Postpetition Malpractice Claims
A chapter 7 debtor’s postpetition legal malpractice claims are not estate property, BAP says.
9th Circuit

April 25, 2018

Violation of Discharge Is Now Difficult to Prove in the Ninth Circuit
An unreasonable but good faith, subjective belief that there is no injunction bars a finding of contempt in the Ninth Circuit.
9th Circuit

April 24, 2018

Tax Sales Can Be Avoided as Preferences, New Jersey District Judge Rules
Not a true public sale, a tax foreclosure in New Jersey can be attacked as a preference without implicating concerns about federalism.
3rd Circuit, New Jersey

April 23, 2018

Still No Universal Test for Bifurcating an Auto Loan in Chapter 13
Courts are groping to define ‘personal use’ because Congress didn’t.
6th Circuit, Tennessee, Tennessee Eastern District

April 21, 2018

Claims Under Section 544(b) Are Estate Property and Can Be Sold or Assigned, Judge Says
Courts are split on the status of inherited claims as estate property.
8th Circuit, Minnesota
Discharge Cannot Be Revoked if Knowledge of Fraud Came Before Discharge
The deadline for objecting to discharge can be extended under Rule 4004(d) after the deadline has passed.
9th Circuit

April 20, 2018

Prefiling Expenses Can’t Be Reimbursed in a Chapter 13 Plan in Western Louisiana
Debtor’s counsel can’t recover prefiling expenses in a ‘no money down’ bankruptcy in the W.D. La.
5th Circuit, Louisiana, Louisiana Western District

April 19, 2018

Interest at the State Rate Applies to Pre-Petition Judgments Found Nondischargeable
The rate of post-judgment interest on a nondischargeable debt depends on whether there was a judgment before or after filing, the Ninth Circuit BAP says.
9th Circuit

April 18, 2018

Supreme Court Holds Argument in Lamar, Archer & Cofrin on Dischargeability
The high court seemed primed to rule that a debt will be discharged despite an oral misrepresentation about one asset.
Supreme Court
Nondischargeability Is No Bar to Feasibility in an Individual Chapter 11
Holders of nondischargeable claims can be forced to accept pro rata payments during the life of the plan and collect the remainder only after discharge or dismissal, the BAP rules.
6th Circuit