November 02, 2017

Interlocutory Orders Compelling Arbitration May Be Appealed with Permission

Shallow constitutional foundation of the bankruptcy court justifies allowing interlocutory appeals, district judge says.

2nd Circuit, New York, New York Southern District

October 30, 2017

Notre Dame Football Tickets Are Not Exempt Property, South Bend Judge Holds

Notre Dame football tickets are not necessary for a fresh start.

7th Circuit, Indiana, Indiana Northern District

October 26, 2017

Third Circuit Explains When Sale Orders Are Not Automatically Moot

Section 363(m) allows an appeal if the remedy won’t upset the sale itself, Third Circuit says.

3rd Circuit

October 25, 2017

Section 1326(a)(2) Overrides a Levy Under State Law

On dismissal before chapter 13 confirmation, the debtor gets undistributed funds, not a creditor with a valid state court levy.

4th Circuit, Virginia

October 20, 2017

First Circuit Narrowly Defines Fiduciaries Who Are Prohibited Buyers of Estate Assets

First Circuit narrowly applies equitable mootness in a receivership sale.

1st Circuit

October 18, 2017

Ninth Circuit Creates Split on Appellate Standard for ‘Consumer Debt’ Determination

Dissenter contends that the majority misread the circuit’s own precedent.

9th Circuit

October 17, 2017

A Future Advance Clause Saved a Loan from Being Unperfected

Potential harm to the debtor is not a factor in deciding to avoid an unperfected lien.

5th Circuit, Texas, Texas Western District

October 13, 2017

Disposable Income Does Not Include Voluntary Retirement Plan Contributions

A chapter 13 plan is in good faith even if retirement plan contributions are 10 times more than payments to creditors.

11th Circuit, Florida, Florida Southern District

October 12, 2017

Unclaimed Distributions Go to the Treasury, Not to Other Creditors, Judge Says

Tennessee judge changes a practice established in 1995 regarding unclaimed distributions.

6th Circuit, Tennessee, Tennessee Middle District

October 10, 2017

Supreme Court Won’t Settle Circuit Split on Transfer to a Debtor’s Own Account

Fourth Circuit splits with the Ninth and Tenth on ‘what is a transfer?’

Supreme Court