January 10, 2019

Tenth Circuit Imports Section 363(m) to Nonbankruptcy Appeals

Tenth Circuit avoids deciding whether equitable mootness applies outside of bankruptcy.

10th Circuit

January 09, 2019

A Pending Sale Contract Doesn’t Obliterate a Homestead Exemption in Chapter 7

New York court delves into issues covered by the Fifth Circuit in Hawk and DeBerry.

2nd Circuit, New York, New York Eastern District

January 08, 2019

Sixth Circuit Enforces a ‘Carveout’ for Professionals after Conversion to Chapter 7

The appeals court barred the secured lenders from renegotiating a carveout when a chapter 11 reorganization failed.

6th Circuit

January 07, 2019

Supreme Court Grants ‘Cert’ to Decide Whether Good Faith Is a Defense to Contempt

Supreme Court has three bankruptcy cases this term, on nonjudicial foreclosure, trademark rejection, and contempt for a stay violation.

Supreme Court

January 07, 2019

Eleventh Circuit Allows Termination of Retiree Benefits in a Chapter 11 Liquidation

Operations must continue for a debtor to invoke Section 1114 in a chapter 11 liquidation, Eleventh Circuit says.

11th Circuit

January 04, 2019

Wildcard Exemption Covered a Prepetition Malpractice Claim

Judge Dales explains how Section 522(g) does not limit, but rather expands, a debtor’s exemptions.

6th Circuit, Michigan, Michigan Western District

January 03, 2019

Courts Are Split on Breach of Contract Resulting in Nondischargeability

In some circuits, never intending to repay a loan can result in nondischargeability under Section 523(a)(6).

10th Circuit, New Mexico

January 02, 2019

An Interest in Property as JTWROS Drops Out of the Estate on Death of the Debtor

JTWROS ownership confers benefits and disadvantages in bankruptcy, too.

10th Circuit

December 28, 2018

Ninth Circuit Allows Counsel Fees when Debtor Successfully Appeals a Stay Violation

Ninth Circuit is the first court of appeals to expand a debtor’s appellate counsel fees beyond successfully defending an award for a willful stay violation.

9th Circuit

December 27, 2018

Insurance Rehabilitation in Curaçao Given ‘Foreign Main’ Recognition in New York

Court supervision and participation by creditors aren’t required for recognition under chapter 15.

2nd Circuit, New York, New York Southern District