June 02, 2017

New York’s Unique Rules on Mortgage Note Assignments Remain Unresolved

New York alone failed to adopt an amendment to UCC § 3-203.

2nd Circuit

June 01, 2017

Is a Successor Trustee Shortchanged in Apportioning Commissions?

Judges exercise considerable discretion in apportioning commissions among two trustees.

May 31, 2017

Class Claim Allowed to Deter Incorrect Business Practice

Consummating a plan demonstrated that a class claim did not prejudice case administration.

May 30, 2017

Cramdown Value Is Not the Higher of Foreclosure or Replacement Value, Ninth Circuit Holds

En banc, the Ninth Circuit reverses a panel opinion from last year on cramdown valuation.

9th Circuit

May 26, 2017

Even Without the One-Day-Late Rule, Tax Liability Still Wasn’t Discharged

A tax return late by three years wasn’t ‘honest and reasonable.’

9th Circuit, California, California Northern District

May 25, 2017

Shareholder Can’t Recover Costs on Dismissal of Involuntary Against a Corporation

With a proper finding, a shareholder might recover costs on dismissal of an involuntary.

May 25, 2017

Interest on Unsecured Claims Not Required in 100% Chapter 13 Plan

‘Value’ doesn’t mean ‘present value’ in Section 1325(b)(1)(A).

May 24, 2017

Bankruptcy Judge Finds Jurisdiction over Nationwide Class Challenging Bogus Claims

Class suit in Texas attacks the filing of bogus claims.

5th Circuit, Texas, Texas Southern District

May 24, 2017

Bankruptcy Judge Finds Jurisdiction over Nationwide Class Challenging Stale Claims

Suit in Texas attacks the filing of stale claims permitted by Midland Funding.

May 23, 2017

Diligence by Itself Won’t Justify Invocation of Equitable Tolling

Houston judge doesn’t excuse delay in identifying John Doe defendants.

5th Circuit, Texas, Texas Southern District