May 31, 2024
Amending a Claim After Confirmation Requires ‘Compelling Circumstances’
The Fifth Circuit joins two other circuits in requiring ‘more’ to amend a proof of claim after confirmation of a chapter 11 plan.
5th CircuitMay 30, 2024
Res Judicata Bars Objections to Plan Amendments that Could Have Been Raised Before
Is feasibility of a plan reviewed for abuse of discretion or clear error? The circuits are split.
3rd CircuitMay 29, 2024
Circuits Split: Does Anti-Modification Apply to Any Property with a Principal Residence?
Eleventh Circuit seems to hold that a mortgage on any property with a principal residence can’t be modified even if the principal use of the property is commercial.
11th CircuitMay 23, 2024
Belated Seventh Circuit Opinion May Set Up ‘Cert’: Is Section 505(a) Jurisdictional?
Seventh Circuit again holds that Section 505(a) doesn’t confer jurisdiction for bankruptcy courts to decide how much debtors owe in taxes.
7th CircuitMay 21, 2024
Receivership Didn’t Prevent an LLC’s Manager from Filing Bankruptcy for the LLC
Judge Randal Mashburn described what a state court must do in appointing a receiver that would prevent an LLC’s manager from filing a bankruptcy petition.
6th Circuit, Tennessee, Tennessee Middle DistrictMay 20, 2024
Prefiling Review Ok with BAP as Sanction for Filing Baseless Dischargeability Complaint
A lender was filing baseless dischargeability complaints believing that the impecunious debtors would default or settle.
9th CircuitMay 17, 2024
Fifth Circuit Draws ‘Person Aggrieved’ into Question for Appellate Standing
The Bankruptcy Code dropped ‘person aggrieved’ as the standard for appellate standing. Did it survive nonetheless?
5th CircuitMay 15, 2024
Orders for Contempt and Sanctions Aren’t Appealable in the Fourth Circuit
Whether orders in contested matters are ever appealable is in doubt after a Fourth Circuit decision that declined to follow contrary opinions by bankruptcy appellate panels.
4th CircuitMay 09, 2024
Sub V Plan Doesn’t Require Automatic Increases Based on Actual Disposable Income
Bankruptcy Judge Christopher Bradley disagreed with a district court in Florida that required a ‘true up’ if actual disposable income in Sub V exceeds projected disposable income.
5th Circuit, Texas, Texas Western DistrictMay 08, 2024
MOAC Again: No Remedy for the Landlord Despite Beating Sears in the Supreme Court
On remand from the Supreme Court and the Second Circuit, the district court decides that the Mall of America landlord isn’t entitled to more than the bargain it made with Sears in 1991.
2nd Circuit, New York, New York Southern District