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Home
October 05, 2020
Courts Remain Split on Allowing Credit Counseling on the Same Day but After Filing
Another judge follows statutory language that didn’t achieve the result Congress probably intended.
10th Circuit
,
Colorado
July 28, 2020
The 2005 Amendments to Section 546(c) Limited the Remedies of Reclamation Creditors
Reclamation creditors no longer have liens or administrative claims if a secured lender sucks up all the value in reclaimed goods.
8th Circuit
,
Nebraska
February 13, 2020
Seventh Circuit: Reclamation Claims Are Subordinate to DIP Financing
The 2005 amendments to Section 546(c) departed from state law under UCC § 2-702 by creating a federal rule making reclamation claims subordinate to existing secured claims and DIP financing.
7th Circuit
January 28, 2020
Circuit Split Widens over Discharging Taxes on Late-Filed Returns
The Supreme Court has ducked the split twice in recent years but should tackle the question this time around.
11th Circuit
November 27, 2019
Support for Indigent Extended Family Cut Off in Chapter 13, but Life Insurance Wasn’t
Chapter 13 forces judges to micromanage the lives of debtors.
4th Circuit
,
Virginia
,
Virginia Eastern District
April 02, 2019
BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
Congress may have intended to preclude ‘stay and pay,’ but it didn’t succeed.
5th Circuit
,
Texas
,
Texas Northern District
August 22, 2018
Valuation of a Retained Mobile Home Does Not Include Delivery and Setup Costs
Fifth Circuit notches a victory for chapter 13 debtors retaining mobile homes.
5th Circuit
June 21, 2018
Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice
BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.
9th Circuit
June 18, 2018
Assuming a Lease Under Section 365(p) Doesn’t Also Require Reaffirmation, Some Say
Courts are split on the interpretation of BAPCPA’s treatment of automatically rejected leases in chapter 7.
11th Circuit
,
Florida
,
Florida Southern District
June 15, 2018
Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice
BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.
9th Circuit
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