Rochellel's Daily Wire

May 06, 2016

Briefly Noted: Success Fees, Covenants with the Land, and Fee-Only Chapter 13 Plans

Debtors win 2 of 3 important chapter 11 and 13 reorganization cases.

5th Circuit

May 05, 2016

Exhausting Administrative Remedies Is No Prerequisite to Bankruptcy Jurisdiction

Exhaustion of state and federal administrative remedies are not the same, judge says.

4th Circuit, Virginia, Virginia Eastern District

May 05, 2016

District Court Bars Discharge When Student Loans Are Taken Voluntarily

District court arguably tightened Eleventh Circuit’s test on student loan dischargeability.

11th Circuit, Alabama, Alabama Middle District

May 04, 2016

WARN Act Claims Entitled to Class Status

Arkansas district judge sides with workers on WARN claims from mass firings.

8th Circuit, Arkansas, Arkansas Eastern District

May 03, 2016

Baker Botts Held Not to Govern Defense of a Receiver’s Fee Request

Brooklyn judge limits Baker Botts to fee allowances under Section 330(a).

2nd Circuit, New York, New York Eastern District

May 02, 2016

Bankruptcy-Specific State Law on Interest Rates Struck Down on Appeal

Sixth Circuit BAP opens up a can of worms on state bankruptcy laws.

6th Circuit

May 02, 2016

Subjective Test Without Hindsight Employed to Determine Adequate Capitalization

Later bankruptcy is no proof of prior inadequate capitalization.

3rd Circuit

April 29, 2016

Eighth Circuit Ignores Supreme Court’s Loose Language in Harris

Clever debtor’s lawyer trots out Bankruptcy Act concepts but loses.

8th Circuit

April 29, 2016

Fourth Circuit Says Chapter 13 Can’t Reinstate Non-Default Rate on Home Mortgage

Bar to modification of a home mortgage trumps ability to cure in chapter 13.

4th Circuit

April 28, 2016

Involuntary Servitude Claim Raised in Involuntary Chapter 11

Did Congress make another constitutional mistake in BAPCPA?

9th Circuit, Washington, Washington Western District