District Judge Okays Extraterritorial Application of a State’s Exemptions
Liberal exemptions save the day for debtors who moved before filing.
Means Test Applies in a Chapter 7 Case Converted from Chapter 13, Circuit Rules
Eleventh Circuit relies on the ‘evolution’ of Section 707(b) to proscribe an evasion of the means test.
Supreme Court to Decide on Choice of Law Governing Recharacterization
Supreme Court takes a third bankruptcy case for the term to begin in October.
Automatic Stay Does Not Enjoin Criminal Habeas Petitions
Puerto Rico unsuccessfully sought to suspend habeas corpus under PROMESA.
Look Forward 5 Years, Not 25, on Debtor’s Inability to Repay Student Loans, Judge Says
Term of the loan is the ‘relevant period’ for judging student loan dischargeability.
Circuits Split on Objective vs. Subjective Value for Fraudulent Transfer Consideration
Eleventh Circuit goes ‘objective’ while Fifth Circuit remains ‘subjective’ on value for constructive fraudulent transfers.
Bankruptcy Court Can Rule on Personal Injury Claim with Creditor’s Implied Consent
Supreme Court held that Section 157(b)(5) is not jurisdictional, Delaware district judge says.
Substituting Trustee as Plaintiff Is Not a Final Order, Second Circuit Says
Dismissing the debtor as plaintiff is not a final order when the trustee is substituted.
Split Sixth Circuit Bars Litigation Trustees from Suing on D&O Policies
Dissent proclaims a split of circuits and says the debtor and DIP are distinct entities.