November 21, 2017

“Substantial Contribution” Claim Allowed in Chapter 13

Split grows on whether ‘substantial contribution’ claims are limited to chapters 9 and 11.

6th Circuit, Michigan, Michigan Eastern District

November 20, 2017

Owning a Home Through an LLC Can Preclude a Homestead Exemption

State laws vary on allowing homestead status for a house owned through an LLC.

2nd Circuit, Vermont

November 17, 2017

No Statute of Limitations for Suing on a Trustee’s Surety Bond

Removing and discharging a trustee are not synonymous, Houston judge rules.

5th Circuit, Texas, Texas Southern District

November 16, 2017

Supreme Court Might Grant ‘Cert’ to Resolve a Split on Dischargeability

Solicitor General believes oral misrepresentation of one asset does not result in nondischargeability.

Supreme Court

November 15, 2017

New GM Ignition Switch Suits Can Proceed in State Court, District Judge Says

The circuit court’s resolution of the bankruptcy law question prevents New GM from removing new suits to federal court.

2nd Circuit, New York, New York Southern District

November 14, 2017

Non-Voting Creditors’ Consent to Third Party Releases Can’t Be Inferred

New York and Delaware judges disagree on third party releases by non-voting creditors.

2nd Circuit, New York, New York Southern District

November 13, 2017

PACA Trust Claims Don’t Defeat the Power to Use Cash Collateral

PACA trust creditors can’t hold a chapter 11 debtor hostage, judge rules.

6th Circuit, Michigan, Michigan Western District

November 10, 2017

No Punitive Damages Under Delaware Law to Remedy a Fraudulent Transfer

Choice of law isn’t an affirmative defense that can be waived, Judge Gross says.

3rd Circuit, Delaware

November 09, 2017

Paying More on Student Loans Isn’t Unfair Discrimination Automatically

Chapter 13 plan shouldn’t end up increasing student loan debt, judge implies.

4th Circuit, South Carolina

November 08, 2017

Fraudulent Transfer Claims Aren’t Capped by Creditors’ Losses

Delaware’s Judge Gross pens another controversial opinion in PAH Litigation Trust.

3rd Circuit, Delaware