Rochellel's Daily Wire

April 07, 2017

Surprising Analysis Yields the Expected Result on Choice of Law for Claims

Chosen law governed statute of limitations for allowance of claims in bankruptcy.

9th Circuit

April 07, 2017

Judge Splits with his BAP and Allows ‘Substantial Contribution’ Claim in Chapter 7

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

9th Circuit, California, California Central District

April 06, 2017

First Circuit Interprets PROMESA’s Automatic Stay Broadly, Reverses District Court

Circuit court bars lawsuit by one Puerto Rico bondholder group against another.

1st Circuit

April 05, 2017

Civil Contempt Proceedings Exempt from Automatic Stay in Ninth Circuit

No automatic stay to protect litigation misconduct in the Seventh and Ninth Circuits.

9th Circuit

April 04, 2017

Fee Application After Completion of Plan Payments Comes Too Late

Fees awarded after discharge are wiped out like everything else.

6th Circuit, Michigan, Michigan Western District

April 03, 2017

State Law Determines Whether Post-Filing Mechanic’s Liens Are Voidable

Bankruptcy courts can enter final orders voiding mechanic’s liens, Third Circuit says.

3rd Circuit

April 03, 2017

For Chapter 13 Lien Stripping, Use the Filing Date for Valuation

Caulkett did not bar chapter 13 lien stripping, Massachusetts judge holds.

1st Circuit, Massachusetts

March 31, 2017

Chapter 13 Plan Confirmation Doesn’t Bar Later Claim Objections, Circuit Holds

Res judicata does not apply to ‘deemed allowed’ claims.

4th Circuit

March 31, 2017

Equitable Mootness Doesn’t Deprive Appellate Court of Jurisdiction

Impossibility of upsetting a confirmed plan doesn’t result in constitutional mootness, only equitable mootness.

11th Circuit

March 30, 2017

Personal Bankruptcy Bars Incarceration, but Not Finding of Civil Contempt

FTC allowed to continue contempt proceedings for failure to pay restitution.

2nd Circuit, New York, New York Southern District