February 06, 2018

Ok to Bifurcate the Lien on an Auto Used by the Debtor’s Non-Filing Partner

Congress created a loophole in the hanging paragraph in Section 1325(a).

4th Circuit, West Virginia, West Virginia Northern District

February 05, 2018

Repaying an Avoided Transfer Doesn’t Always Result in an Allowed Claim

Repaying a fraudulent transfer won’t elevate a disallowed claim to allowed status.

9th Circuit, Hawaii

February 05, 2018

Colorado Judge Differs with Two Circuits on Chapter 13 Payments Beyond Five Years

Courts are also split on whether a five-year plan begins on confirmation or on the first chapter 13 plan payment.

10th Circuit, Colorado

February 02, 2018

No Quick Exit for Any Creditors from Puerto Rico’s Financial Mess, Judge Says

Judge refuses to issue declaratory judgments about Puerto Rico’s use of tax revenues.

1st Circuit, Puerto Rico

February 02, 2018

Illinois Divorce Court Can Strip Away Estate Property, Seventh Circuit Says

Overlay divorce and bankruptcy, and you’ve got a big mess.

7th Circuit

February 01, 2018

Another Example: Student Loans Are Virtually Impossible to Discharge

District court second-guesses the sufficiency of evidence that the bankruptcy court found sufficient.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

February 01, 2018

Sovereign Immunity Fully Insulates a Tribe from Lawsuits

Sovereign immunity protects a tribe even after successful veil piercing.

6th Circuit, Michigan, Michigan Eastern District

January 31, 2018

Eighth Circuit Broadly Draws the Line to Identify ‘Unknown’ Claims that Are Discharged

Eighth Circuit sides with the Third: ‘Reasonably ascertainable,’ not ‘reasonably foreseeable,’ determines which creditors are entitled to actual notice.

8th Circuit

January 31, 2018

Alabama Judge Rejects Second Circuit’s Bankruptcy Act Opinion in Straus-Duparquet

There is no implied assumption of an executory employment contract under the Bankruptcy Code.

11th Circuit, Alabama, Alabama Northern District

January 30, 2018

Fifth Circuit Holds that Chapter 7 Trustees Presumptively Get Statutory Commissions

In the Fifth Circuit, chapter 7 trustees lock in higher compensation.

5th Circuit