Mortgage Deficiency Judgments Are Avoidable Impairments, BAP Holds
Courts divided on rationale, Sixth Circuit BAP adopts First Circuit’s approach.
EDNY Changes Policies about Defaults on Direct-Pay Mortgages in Chapter 13
Mortgage payments are considered ‘under the plan’ even if made by the chapter 13 debtors directly.
Plan Modifications Are Timely if Motion Is Filed Before Last Chapter 13 Plan Payment
Date of filing, not date of hearing, is pivotal on timeliness of chapter 13 plan modifications.
Seventh Circuit Requires Stern Consent from Unserved Defendants in Non-Core Suits
Seventh Circuit complicates life for bankruptcy judges in deciding a case involving magistrates.
Bankruptcy Management Solutions Defeats Antitrust Attack on Fee Structure
Creditor lacked standing to allege horizontal antitrust conspiracy on software providers’ fee structure.
Eighth Circuit Touches All the Bases on Preferences from Covering Bank Overdrafts
‘Ordinary course’ defense failed when overdrafts spiked during the preference period.
To Establish Record Dates, the Plan Applies, Not Securities Regulations
Established practice governing distributions is upheld in Delaware district court.
Discharge Revocation Deadline is NOT Jurisdictional, Ninth Circuit Holds
Ninth Circuit is hesitant to make bankruptcy time deadlines jurisdictional.
Bankruptcy Settlement Provided No Protection from Criminal Forfeiture
Criminal forfeiture and bankruptcy protect different interests, district judge says.
Cryptic Disclosure of Fee Sharing Is Inadequate, Judge Houser Holds
Terms of fee sharing must be disclosed in the retention application, not just in an exhibit.