April 23, 2018

Still No Universal Test for Bifurcating an Auto Loan in Chapter 13

Courts are groping to define ‘personal use’ because Congress didn’t.

6th Circuit, Tennessee, Tennessee Eastern District

April 03, 2018

Circuit Says Bankruptcy Lawyers Can’t Advise Clients to Pay by Credit Card

Milavetz invalid-purpose test isn’t applicable to incurring debt to pay a retainer.

11th Circuit

March 26, 2018

Seventh Circuit Allows Anticipated Tax Refunds to Be Offset by Expenses in Chapter 13

On direct appeal, Seventh Circuit upholds Bankruptcy Judge Thorne by allowing chapter 13 debtors to retain anticipated refunds from earned income tax credits.

7th Circuit

February 16, 2018

A Trademark License Rejection Case May End Up in the Supreme Court

A case on the ability of state law to take property out of the estate after filing may not go to the Supreme Court.

Supreme Court

February 06, 2018

Ok to Bifurcate the Lien on an Auto Used by the Debtor’s Non-Filing Partner

Congress created a loophole in the hanging paragraph in Section 1325(a).

4th Circuit, West Virginia, West Virginia Northern District

January 30, 2018

Fifth Circuit Holds that Chapter 7 Trustees Presumptively Get Statutory Commissions

In the Fifth Circuit, chapter 7 trustees lock in higher compensation.

5th Circuit

December 15, 2017

BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender

‘Stay and pay’ may not be permissible, but the remedies can be toothless.

6th Circuit, Michigan, Michigan Eastern District

December 13, 2017

Eleventh Circuit Requires No Objection to Overturn a Final Confirmation Order

Split decision allows a lender to take property out of an estate automatically.

11th Circuit

December 11, 2017

Inventory Liens Always Prevail over Reclamation Claims, Indianapolis Judge Says

BAPCPA amendments were a mess but cleaned up one issue on reclamation, according to Judge Graham.

7th Circuit, Indiana, Indiana Southern District

July 19, 2017

Goods Delivered Directly to a Debtor’s Customers Never Qualify for 503(b)(9)

Judge Shannon writes an important decision for the era of ecommerce.

3rd Circuit, Delaware