Rochellel's Daily Wire

June 29, 2017

Means Test Applies in a Chapter 7 Case Converted from Chapter 13, Circuit Rules

Eleventh Circuit relies on the ‘evolution’ of Section 707(b) to proscribe an evasion of the means test.

June 28, 2017

Supreme Court to Decide on Choice of Law Governing Recharacterization

Supreme Court takes a third bankruptcy case for the term to begin in October.

June 27, 2017

Look Forward 5 Years, Not 25, on Debtor’s Inability to Repay Student Loans, Judge Says

Term of the loan is the ‘relevant period’ for judging student loan dischargeability.

June 27, 2017

Automatic Stay Does Not Enjoin Criminal Habeas Petitions

Puerto Rico unsuccessfully sought to suspend habeas corpus under PROMESA.

June 27, 2017

Supreme Court Takes a Third Bankruptcy Case for Next Term, on Recharacterization

June 26, 2017

Circuits Split on Objective vs. Subjective Value for Fraudulent Transfer Consideration

Eleventh Circuit goes ‘objective’ while Fifth Circuit remains ‘subjective’ on value for constructive fraudulent transfers.

June 26, 2017

Bankruptcy Court Can Rule on Personal Injury Claim with Creditor’s Implied Consent

Supreme Court held that Section 157(b)(5) is not jurisdictional, Delaware district judge says.

June 23, 2017

Substituting Trustee as Plaintiff Is Not a Final Order, Second Circuit Says

Dismissing the debtor as plaintiff is not a final order when the trustee is substituted.

June 22, 2017

Split Sixth Circuit Bars Litigation Trustees from Suing on D&O Policies

Dissent proclaims a split of circuits and says the debtor and DIP are distinct entities.

June 22, 2017

Mortgage Deficiency Judgments Are Avoidable Impairments, BAP Holds

Courts divided on rationale, Sixth Circuit BAP adopts First Circuit’s approach.