Section 1326(a)(2) Overrides a Levy Under State Law
On dismissal before chapter 13 confirmation, the debtor gets undistributed funds, not a creditor with a valid state court levy.
Eleventh Circuit Approves Anti-Suit Injunction Protecting Non-Settling Defendant
Millennium-like third-party releases were approved without reaching constitutional issues.
Second Circuit Splits with Third on Makewholes Occasioned by Bankruptcy
Till doesn’t apply in fixing cramdown interest rates in major corporate reorganizations, circuit says.
First Circuit Narrowly Defines Fiduciaries Who Are Prohibited Buyers of Estate Assets
First Circuit narrowly applies equitable mootness in a receivership sale.
Using a U.S. Bank Precludes a Foreigner from Winning Dismissal Based on Comity
Stay violation and turnover suits held proper extraterritorial application of U.S. law.
Ninth Circuit Creates Split on Appellate Standard for ‘Consumer Debt’ Determination
Dissenter contends that the majority misread the circuit’s own precedent.
A Future Advance Clause Saved a Loan from Being Unperfected
Potential harm to the debtor is not a factor in deciding to avoid an unperfected lien.
ASARCO Read to Bar Fee-Defense Costs Even with a Fee-Shifting Agreement
Court shows antipathy to all theories seeking allowance of fees incurred in collecting fees.
Fraudulent Transfer Defendant Can’t Waive a Trustee’s Right to a Jury Trial
Filing a proof of claim would have precluded a jury trial in a fraudulent transfer suit.
Disposable Income Does Not Include Voluntary Retirement Plan Contributions
A chapter 13 plan is in good faith even if retirement plan contributions are 10 times more than payments to creditors.