Briefly Noted: Success Fees, Covenants with the Land, and Fee-Only Chapter 13 Plans
Debtors win 2 of 3 important chapter 11 and 13 reorganization cases.
May 6, 2016
Exhausting Administrative Remedies Is No Prerequisite to Bankruptcy Jurisdiction
Exhaustion of state and federal administrative remedies are not the same, judge says.
May 5, 2016
District Court Bars Discharge When Student Loans Are Taken Voluntarily
District court arguably tightened Eleventh Circuit’s test on student loan dischargeability.
May 5, 2016
WARN Act Claims Entitled to Class Status
Arkansas district judge sides with workers on WARN claims from mass firings.
May 4, 2016
Baker Botts Held Not to Govern Defense of a Receiver’s Fee Request
Brooklyn judge limits Baker Botts to fee allowances under Section 330(a).
May 3, 2016
Bankruptcy-Specific State Law on Interest Rates Struck Down on Appeal
Sixth Circuit BAP opens up a can of worms on state bankruptcy laws.
May 2, 2016
Subjective Test Without Hindsight Employed to Determine Adequate Capitalization
Later bankruptcy is no proof of prior inadequate capitalization.
May 2, 2016
Eighth Circuit Ignores Supreme Court’s Loose Language in Harris
Clever debtor’s lawyer trots out Bankruptcy Act concepts but loses.
April 29, 2016
Fourth Circuit Says Chapter 13 Can’t Reinstate Non-Default Rate on Home Mortgage
Bar to modification of a home mortgage trumps ability to cure in chapter 13.
April 29, 2016
Involuntary Servitude Claim Raised in Involuntary Chapter 11
Did Congress make another constitutional mistake in BAPCPA?
April 28, 2016