March 06, 2018

Kentucky Judge Refuses to Approve a ‘No Seal, No Deal’ Settlement

The parties’ wishes are insufficient to justify sealing.

6th Circuit, Kentucky, Kentucky Eastern District

March 02, 2018

Interim Fee Awards in Chapter 13 Are OK Before Conversion

District judge changes local practice in the bankruptcy court on interim awards in chapter 13.

5th Circuit, Louisiana, Louisiana Western District

March 01, 2018

Failing to Turn Over Tax Returns Isn’t Fatal to a Chapter 7 Filing

Debtors aren’t required to turn over tax returns that don’t exist.

11th Circuit, Georgia, Georgia Northern District

February 27, 2018

Ninth Circuit BAP Backs Away from Automatic Dismissal of ‘Marijuana’ Cases

Debtor must violate criminal law to justify dismissal, concurring opinion says.

9th Circuit

February 23, 2018

Solvency May or May Not Result in Dismissal

The Fourth Circuit and a Delaware bankruptcy judge reach opposite conclusions on motions to dismiss petitions by solvent debtors.

4th Circuit

February 20, 2018

Arresting the Debtor During Mediation Is a Very Big No-No

How to ruin a good case: have your adversary arrested during mediation.

9th Circuit, California, California Central District

February 16, 2018

A Trademark License Rejection Case May End Up in the Supreme Court

A case on the ability of state law to take property out of the estate after filing may not go to the Supreme Court.

Supreme Court

February 15, 2018

Failing to Purchase Health Insurance Won’t Result in a Priority Tax Claim

The exaction for failure to purchase health insurance under the ACA is a tax for constitutional purposes but not a tax under the Bankruptcy Code, New Orleans judge rules.

5th Circuit, Louisiana, Louisiana Eastern District

February 14, 2018

Judge Revokes a ‘Nationwide’ Firm’s Right to Practice in Virginia Bankruptcy Court

Local lawyers were also caught up in the maelstrom caused by a ‘nationwide’ firm that skirted bankruptcy law and rules.

4th Circuit, Virginia, Virginia Western District

February 09, 2018

Section 108(a) Time Extension Held Not Applicable to Chapter 13 Debtors

Courts split on whether Section 108(a) extension of statutes of limitations applies to chapter 13 debtors.

1st Circuit, New Hampshire