Exempt Assets Aren’t Always Exempt in Chapter 13
Courts are split on including some exempt assets into the calculation of disposable income.
Chicago Judge Writes a Primer on Recharacterization and Equitable Subordination
Insiders were protected in making loans to a failing company.
Massachusetts Judge Limits Chapter 13 Debtor’s Standing to Sue
Chapter 11 committees achieve standing more readily than chapter 13 debtors.
‘Bar Order’ Precluding Creditors’ Independent Claims Disapproved in Chapter 7 Settlement
Massachusetts judge explores the circuit split on barring creditors’ direct claims against non-bankrupt third parties.
IRA Sold After Filing Loses Its Exemption in Chapter 7, Not Just Chapter 13
Fifth Circuit rule effectively precludes selling exempt property until the case is closed, if not later.
Jurisdiction Continues After Confirmation to Complete a Pending Lawsuit
Third Circuit says ‘related to’ jurisdiction can’t be destroyed by subsequent events.
Co-Conspirator’s Intent Is Enough for Nondischargeability, Fifth Circuit Holds
A ‘no harm, no foul’ stay violation is harmless error.
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.
Boston Judge Identifies a Potential Constitutional Infirmity in PROMESA
The automatic stay as applied might sometimes deny constitutional equal protection, judge says.
Ninth Circuit Joins Minority in Allowing Sales Free & Clear of Leases
Adequate protection is a ‘powerful check’ on selling real estate free of leases, circuit says.