November 01, 2019
Ninth Circuit BAP says that payment of a secured claim in full automatically terminates the underlying lien, even if the plan doesn’t say so explicitly.
9th Circuit
October 31, 2019
Third Circuit also holds that turnover in Section 542(a) is not automatic. The debtor must mount an adversary proceeding to obtain a turnover of property.
3rd Circuit
October 24, 2019
Section 362(k) creates a private right of action that may be maintained even after dismissal of the underlying bankruptcy, the Third Circuit says.
3rd Circuit
October 23, 2019
The debtors didn’t have a great case for a stay violation after filing six chapter 13 petitions and living rent-free for five years.
9th Circuit
October 22, 2019
Fifth Circuit panel does not interpret recent Supreme Court authority as overruling circuit opinions allowing bankruptcy courts to disregard arbitration agreements.
5th Circuit
October 21, 2019
Negotiating a prepackaged asbestos plan and having been paid by the debtor does not disqualify a future claimants’ representative under the disinterestedness standard.
3rd Circuit, New Jersey
October 15, 2019
Although Florida permits practicing law under a fictitious name, the Bankruptcy Rules are more rigorous and require full disclosure, new Delaware judge says.
3rd Circuit, Delaware
