Substantive Consolidation Does Not Supply Actual Creditor for 544(b) Suit
Petters bankruptcy spawns another monumental Ponzi scheme opinion.
In-Kind Income Excluded from Calculation of Current Monthly Income
Judge takes practical approach to decide what’s considered current monthly income.
Did Segal v. Rochelle Survive Butner and Adoption of the Bankruptcy Code?
Courts use four approaches to harmonize Butner with Segal v. Rochelle.
Chapter 7 Debtors Might Benefit from Jevic by Analogy
Otherwise-valueless exemptions might get value, depending on the outcome of Jevic.
Qui Tam Suits Are Exceptions from the Automatic Stay
Automatic stay is no safe harbor from suits under the False Claims Act.
Courts Disagree on Necessity for Court Approval of New Debt in Chapter 13
To protect debtors from unscrupulous lenders, courts drive up the cost of chapter 13.
Dismissal of a Chapter 13 Case Bars Invocation of Judicial Estoppel
Dismissing a chapter 13 case successfully retains the benefit of a lawsuit for the debtor alone.
Supreme Court Will Not Rule on Power to Reject Expired Union Contracts
Although Americans will vote on Donald Trump, Supreme Court won’t hear the Trump casino case.
Recent Decisions Bar Cramdown on Mixed-Use Principal Residences
Newark and Buffalo judges read 1322(b)(2) narrowly and in favor of mortgage lenders.
Clark v. Rameker’s Gaping Loophole Allows Debtors to Retain Inherited IRAs
State law overrides ‘significant policy concerns’ in Supreme Court decision.