Mortgages Command Priority over Legal Fees in a Chapter 13 Plan
Plan can’t cause default on a home mortgage to pay a debtor’s lawyer first.
Paid in Full but Impaired, Lender Entitled to Pendency Interest at Default Rate
9th Cir. BAP precludes using ‘equitable discretion’ to lower lender’s interest rate.
Power to Issue Money Judgment for Nondischargeable Debt Survives after Stern
Posner chides bankruptcy judge for reluctance to enter money judgment.
Power of Substantive Consolidation Survives Law v. Siegel
Supreme Court authority is read narrowly to preserve traditional equity powers.
Courts Split on Allowing Creditors to Sue on Claims Covered by D&O Policy
Insured vs. insured exclusion bars suit by creditors, but not by chapter 11 trustee.
Plan in Suspended Animation when Chapter 13 Case Converted to Chapter 7
Judge ducks ability to reconvert previously converted case to chapter 13.
Using Correspondent U.S. Bank Can Result in Personal Jurisdiction in U.S. Courts
Fleeting passage of money through the U.S. can bestow jurisdiction on U.S. courts.
Chicago Judge Splits with Ninth Circuit on Interest for Unsecured Claims in Surplus Plan
Default interest rate given to unsecured creditors in full-payment chapter 11 plan.
Circuit Splits Widen on Dischargeability of Tax Debts on Late-Filed Returns
Eleventh Circuit keeps taxpayer on the hook for late-filed tax returns.
Once Property Is Abandoned, Proceeds Belong to Debtor
Judge bends over backward so debtor can keep an $80,000 windfall.