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ABI Journal

Rochellel's Daily Wire

January 29, 2016

Sixth Circuit Nixes the Notion of Artificial Impairment for Plan Confirmation

Sixth and Fifth Circuits arguably disagree on what constitutes artificial impairment to confirm a chapter 11 plan.

6th Circuit

January 29, 2016

Eighth Circuit Requires Debtors to Disclose Suits Arising after Filing

Disclosing a lawsuit after chapter 13 discharge is too late to avoid judicial estoppel.

8th Circuit

January 28, 2016

Fourth Circuit Fixes One Issue of Tax Lien Subordination under BAPCPA

Fourth Circuit cleans up one mess Congress made with BAPCPA.

4th Circuit

January 28, 2016

Support Obligations for Grandchildren Are Ordinarily Dischargeable

Deficient drafting results in dismissal of dischargeability complaint.

7th Circuit, Illinois, Illinois Northern District

January 27, 2016

Benefit to Consumer Required for Involuntary Conversion from Chapter 7 to 11

Judge lays down a tough rule, then goes easy on consumer debtors.

5th Circuit, Texas, Texas Western District

January 26, 2016

Arbitration Clause Nixes Class Suit for an Automatic Stay Violation

Enforcing arbitration clause turns on core vs. non-core distinction.

9th Circuit, Oregon

January 26, 2016

California Judge Fixes Discharge Deadline for Late-Filing Tax Penalty

Bankruptcy mavens, take note: Late-filing fines for tax returns kick in Oct. 15.

9th Circuit, California, California Northern District

January 25, 2016

Split 9th Circuit BAP Exempts Adoption Payments from Disposable Income in Chapter 13

9th Circuit BAP opinion broadly puts welfare payments beyond reach of chapter 13 creditors.

9th Circuit

January 25, 2016

Judge Closes Loophole to Prevent Discharging Pre-Conversion Condo Charges

Debtors once again stuck paying post-filing condo charges on abandoned home.

4th Circuit, North Carolina, North Carolina Eastern District

January 22, 2016

Sale of Delinquent Tax Certificates Leads to Fraudulent Transfer, Seventh Circuit Says

Seventh Circuit upsets Illinois system for collecting delinquent real estate taxes

7th Circuit