June 20, 2017

Bankruptcy Management Solutions Defeats Antitrust Attack on Fee Structure

Creditor lacked standing to allege horizontal antitrust conspiracy on software providers’ fee structure.

June 16, 2017

Discharge Revocation Deadline is NOT Jurisdictional, Ninth Circuit Holds

Ninth Circuit is hesitant to make bankruptcy time deadlines jurisdictional.

9th Circuit

June 14, 2017

Cryptic Disclosure of Fee Sharing Is Inadequate, Judge Houser Holds

Terms of fee sharing must be disclosed in the retention application, not just in an exhibit.

5th Circuit, Texas, Texas Northern District

June 13, 2017

Judgment Void for Violating Discharge Doesn’t Qualify for Rooker-Feldman Protection

Kansas judge differs with a non-precedential Tenth Circuit opinion on Rooker-Feldman.

10th Circuit, Kansas

June 13, 2017

Debtor Must Turn Over a Portion of Accrued Vacation Pay to the Trustee, District Judge Holds

The value of prepaid family expenses belongs to the trustee, even without being a fraudulent transfer.

9th Circuit, Arizona

June 12, 2017

A Debt Purchaser Is Not a ‘Debt Collector’ Regulated by the FDCPA, Supreme Court Holds

Justice Gorsuch’s maiden opinion is a unanimous decision favoring debt purchasers.

Supreme Court

June 09, 2017

Dubious Opinion Says Automatic Stay Inapplicable to Setoff Against Exempt Property

District judge refuses to give automatic stay protection to a tax evader.

6th Circuit, Michigan, Michigan Eastern District

June 08, 2017

Third Circuit Harmonizes Law v. Siegel with Marrama

Marrama permits relief that’s not explicitly prohibited by the Code, even if policies shown in the statute suggest otherwise.

3rd Circuit

June 07, 2017

Retention of Jurisdiction by Itself Does Not Confer Subject Matter Jurisdiction, Circuit Holds

First Circuit narrowly interprets ‘arising in’ jurisdiction.

1st Circuit

June 06, 2017

Third Circuit Permits Last Chapter 13 Plan Payment Beyond 60 Months

Two circuits allow discretion for non-culpable debtor to make payment after five years.

3rd Circuit