Unexpected Income Required Modification of a Chapter 13 Plan
Judge Rebecca B. Connelly allowed a debtor couple to retain enough unexpected income to pay deferred maintenance on the debtors’ home.
Paying a Post-Petition Retainer Without Advance Approval Was Ok
Approving a retainer after the fact was a sensible exercise of the court’s discretion when the new lawyer’s services were necessary to avoid dismissal of the Subchapter V case.
Homestead Exemption Applied to a Home Abroad Where the Debtor Didn’t Live
The homestead exemption was valid because the debtor’s dependents lived in the home abroad as their principal residence.
Should Property in the U.S. Be a Requisite for Chapter 15 Recognition?
The leading commentators on chapter 15 and Bankruptcy Judge Philip Bentley reach the same result by different approaches to the requirements for chapter 15 recognition.
A Receiver’s Claim Determination Wasn’t Barred by the Automatic Stay, Circuit Says
Agency principles prevented the principal from asserting excusable neglect.
The Supreme Court’s Acevedo Doesn’t Preclude Annulling the Stay, Eleventh Circuit Says
The Eleventh Circuit rejected the idea that a Supreme Court decision could nullify a provision in the Bankruptcy Code.
No Circuit Split: Sub V Corporate Debtors Can Have Nondischargeable Debts
Over a dissent, the Eleventh Circuit aligned with the Fourth and Fifth Circuits by holding that corporate Subchapter V debtors can have nondischargeable debts, unlike corporations in ‘regular’ chapter 11.
Prospective Section 506(c) Surcharges Don’t Qualify as Adequate-Protection Payments
A 15% equity cushion across the board didn’t suffice for adequate protection when mortgages on 82 properties were not cross-collateralized.
Advice from a Banker Negated a Finding of Fraudulent Intent, Fourth Circuit Says
‘Clear error’ required reversing a finding of fraudulent intent to embezzle.
It’s Really Over. No Refunds for Overpayment of Nonuniform U.S. Trustee Fees
Hammons Fall dictated denial of a Tucker Act class action for recovery of overpayment of U.S. Trustee fees in chapter 11 cases.