April 04, 2025
Fifth Circuit Says Lessors Are ‘Known’ Creditors Entitled to Actual Notice
Circuit court upholds Bankruptcy Judge Jernigan: Notice by publication doesn’t discharge claims from a lease that rode through chapter 11 or was assumed.
5th CircuitMarch 31, 2025
Denver Judge Sides with the Circuits: Nondischargeability Infects Subchapter V
Bankruptcy judges continue to disagree on whether debts of corporations with cramdown plans in Subchapter V can have nondischargeable debts.
10th Circuit, ColoradoMarch 25, 2025
Equity Survives in the Ninth Circuit to Prevent Recoupment of Disability Overpayments
Reversing the BAP, the Ninth Circuit held that equitable considerations may stop the government from recovering disability overpayments, when the doctrine of recoupment otherwise would have allowed recovery despite the debtor’s chapter 7 discharge.
9th CircuitMarch 03, 2025
Texaco’s 1988 Confirmation Didn’t Kill Environmental Suits Decades Later
New York’s Bankruptcy Judge David Jones reopened Texaco’s 1988 bankruptcy to ensure that state courts wouldn’t mistakenly decide that environmental claims were discharged
2nd Circuit, New York, New York Southern DistrictFebruary 26, 2025
Judge Oldshue Splits with Two Circuits: No Nondischargeability for Sub V Corporations
The bankruptcy judge in Pensacola, Fla., is giving the Eleventh Circuit an opening to split with the Fourth and Fifth Circuits.
11th Circuit, Florida, Florida Northern DistrictFebruary 18, 2025
Nondischargeability in Sub V Only Applies When It’s a Nonconsensual, Cramdown Plan
A creditor must control a class before its debt can become nondischargeable in Subchapter V.
11th Circuit, Georgia, Georgia Middle DistrictFebruary 12, 2025
Judgment Liens Based on Nondischargeable Debts May Be Avoided as ‘Impairments’
A homestead can be protected from collection of a nondischargeable debt, limiting the judgment creditor to attaching nonexempt property.
9th Circuit, ArizonaFebruary 10, 2025
The Insurer Exception to Discharge Injunction: More Theoretical than Real?
The self-insured retention can prevent a creditor from using the insurer exception to sue the insurance company with the debtor as a nominal defendant.
5th CircuitFebruary 03, 2025
A Disguised Loan Agreement Didn’t Create a ‘Fair Ground of Doubt’ Under Taggart
The Fifth Circuit undertook a legal analysis of a complex loan agreement to decide there was no ‘fair ground of doubt’ under Taggart that the lender was violating the discharge injunction.
5th CircuitJanuary 28, 2025
Debtor Not Compelled to Arbitrate Automatic Stay or Discharge Violations
A district court in Minnesota left the door open for sometimes compelling debtors to arbitrate claims arising in a bankruptcy case.
8th Circuit, Minnesota