March 27, 2018

Rule 3001(c)(2)(D) Sanction Was 16 Times the Amount in Controversy

Innocent mistake turns into a $6,000 sanction for ‘willful failure to cooperate.’

10th Circuit, Kansas

March 26, 2018

Seventh Circuit Allows Anticipated Tax Refunds to Be Offset by Expenses in Chapter 13

On direct appeal, Seventh Circuit upholds Bankruptcy Judge Thorne by allowing chapter 13 debtors to retain anticipated refunds from earned income tax credits.

7th Circuit

March 23, 2018

‘Snarky’ or Factually Incorrect Emails Are Not Grounds for Rule 9011 Sanctions

Neither oral statements nor emails are sanctionable under Rule 9011, Judge Pappas says.

9th Circuit, Idaho

March 22, 2018

Court May Depart from the Code When the Debtor Consents and No One Objects

Unique facts were again the basis for a result seemingly at odds with the statute.

2nd Circuit, New York, New York Northern District

March 21, 2018

Federal Common Law of Constructive Trust Works When State Law Won’t

Delaware judge shows sympathy for a creditor being stiffed by the debtor.

3rd Circuit, Delaware

March 20, 2018

Flip Clauses in Swaps Held Enforceable by District Judge in New York

For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.

2nd Circuit, New York, New York Southern District

March 19, 2018

Tennessee Judge Rules Back Child Support Is Not Estate Property

Courts are split on whether child support arrears are estate property.

6th Circuit, Tennessee, Tennessee Eastern District

March 16, 2018

Judge Harner Pens a Primer on the Elements of an Executory Contract

Unperformed obligations must be ‘material’ for a contract to be executory.

4th Circuit, Maryland

March 15, 2018

Filed and Unfiled Claims Not Aggregated for Chapter 12 Eligibility, BAP Holds

Courts are split on aggregating filed and non-filed claims in calculating chapter 12 eligibility.

6th Circuit

March 14, 2018

Challenging Student Loans Permissible Six Years after Discharge

Destitute debtor allowed to challenge student loans six years after a chapter 7 discharge.

10th Circuit, New Mexico