Unclaimed Distributions Go to the Treasury, Not to Other Creditors, Judge Says
Tennessee judge changes a practice established in 1995 regarding unclaimed distributions.
Inaccurate Disclosure Nixes a $275 Million Energy Future Breakup Fee Approved a Year Earlier
Breakup fee cannot be paid if the court or regulators disapprove a proposed sale.
In a Circuit Split, Ninth Circuit Tags Innocent Sellers with Fraudulent Transfer Liability
Split decision refuses to invoke ‘equity’ to override a policy choice made by Congress.
Supreme Court Won’t Settle Circuit Split on Transfer to a Debtor’s Own Account
Fourth Circuit splits with the Ninth and Tenth on ‘what is a transfer?’
Bankruptcy Court Finds Constitutional Power to Grant Releases in Confirmation Orders
Delaware bankruptcy judge disagrees with district court on final adjudicatory power to include third-party releases in confirmation orders.
Circuits Split, Judge Teel Earmarks Collateral Surcharges for All ‘Admin’ Creditors
Law v. Siegel didn’t insulate professionals from disgorging interim fee awards.
No Statutory Fees for Standing Chapter 13 Trustees if Dismissal Precedes Confirmation
With no circuit authority, lower courts are split on the fate of standing trustees’ fees when a chapter 13 case is dismissed before confirmation.
Counsel Must Eat Filing Fees in ‘No-Money-Down’ Chapter 13s
Lawyers can’t be reimbursed for advancing filing fees through fee applications or ‘no-look’ fees.
Previously Listing Property as a Principal Residence Didn’t Preclude a Later Cramdown
Limited knowledge of English and ‘nuances’ in legal terms saved debtor from a fatal admission.
Constructive Eviction Is Ok to Protect Estate Property, Even Without a Court Order
Third Circuit gives immunity to a trustee for unilateral action protecting estate property.