August 22, 2018

Valuation of a Retained Mobile Home Does Not Include Delivery and Setup Costs

Fifth Circuit notches a victory for chapter 13 debtors retaining mobile homes.

5th Circuit

August 21, 2018

Four Circuits Agree on Calculating an Exemption Impairment Under Section 522(f)

The circuits agree on a method for calculating an exemption impairment that disadvantages debtors.

10th Circuit

August 20, 2018

Eleventh Circuit Endorses the Applicability of ‘Equitable Mootness’ in Chapter 9

Two circuits and a BAP now invoke ‘equitable mootness’ to dismiss appeals from orders confirming chapter 9 municipal debt adjustment plans.

11th Circuit

August 17, 2018

Third Circuit Explores the Limits of Channeling Injunctions Protecting Insurers

Caution: Do not use heavy machinery. Reading this story may induce drowsiness.

3rd Circuit

August 17, 2018

Chicago Must Return Impounded Cars Immediately After a Chapter 13 Filing

Judge Thorne rules that exceptions to the automatic stay do not allow the City of Chicago to retain possession of impounded cars.

7th Circuit, Illinois, Illinois Northern District

August 16, 2018

Circuit Split Narrows on the New Value Defense to a Preference

Eleventh Circuit abandons the notion that new value must remain unpaid to offset a preference.

11th Circuit

August 15, 2018

Bankruptcy Court Still Has Jurisdiction Seven Years After Confirmation

Venue in the bankruptcy court is ok for suits brought under a liquidating plan.

2nd Circuit, New York, New York Southern District

August 14, 2018

There Are No Fractions of a Household in Tacoma, Washington

Judge Lynch of Tacoma follows Idaho’s Judge Pappas in determining the size of a ‘household’ when someone is a part-time resident.

9th Circuit, Washington, Washington Western District

August 13, 2018

Collection Injunctions Are (Sometimes) Ok in an Individual Chapter 11

Ninth Circuit BAP explains when the holder of a nondischargeable claim can be enjoined from collecting during the life of an individual’s chapter 11 plan.

9th Circuit

August 10, 2018

First Circuit Gives Puerto Rico Bondholders a Second Bite at the Apple

Puerto Rico’s toll road bonds don’t have statutory liens, circuit court rules.

1st Circuit