October 06, 2017

Circuits Split, Judge Teel Earmarks Collateral Surcharges for All ‘Admin’ Creditors

Law v. Siegel didn’t insulate professionals from disgorging interim fee awards.

D.C. Circuit, District of Columbia

October 05, 2017

No Statutory Fees for Standing Chapter 13 Trustees if Dismissal Precedes Confirmation

With no circuit authority, lower courts are split on the fate of standing trustees’ fees when a chapter 13 case is dismissed before confirmation.

October 04, 2017

Counsel Must Eat Filing Fees in ‘No-Money-Down’ Chapter 13s

Lawyers can’t be reimbursed for advancing filing fees through fee applications or ‘no-look’ fees.

5th Circuit, Louisiana, Louisiana Western District

October 03, 2017

Previously Listing Property as a Principal Residence Didn’t Preclude a Later Cramdown

Limited knowledge of English and ‘nuances’ in legal terms saved debtor from a fatal admission.

2nd Circuit, New York, New York Eastern District

September 29, 2017

No New Bankruptcy Cases Have Been Added to Supreme Court Docket — Not Yet, at Least

Several cases are in the running for Supreme Court review this term or next.

Supreme Court

September 28, 2017

Circuit Split on Wage Garnishments Underpins a Certiorari Petition

Certiorari petition asks Supreme Court to narrow Local Loan and Barnhill.

Supreme Court

September 27, 2017

Seventh Circuit Opines on Method for Calculating ‘New Value’ Defense

Average daily sales suffice to show the date when new value was advanced.

7th Circuit

September 20, 2017

En Banc, Eleventh Circuit Narrows Applicability of Judicial Estoppel in Bankruptcy

Eleventh Circuit inveighs against harming innocent creditors by invoking judicial estoppel.

11th Circuit

September 19, 2017

Fee Cap in Section 502(b)(4) Seldom Applies to Contingencies, Ninth Circuit Holds

Ninth Circuit ringingly endorses allowance of prepetition contingent fee arrangements.

9th Circuit

September 15, 2017

State Laws on Tracing Determine Whether Tax Refunds Are Exempt

Differing state laws govern the exemption of tax refunds for individuals.

9th Circuit, California, California Southern District