An Order Finding Ineligibility for Sub V Is a Final, Appealable Order
A decision by a district judge in Idaho may or may not be irreconcilable with a Ninth Circuit BAP decision that a finding of eligibility for Sub V is interlocutory and not appealable.
Circuit Split May Deepen on Assuming a Franchise over the Franchisor’s Objection
Ohio’s Bankruptcy Judge Nami Khorrami sides with the minority on a circuit split that the Supreme Court ducked in 2009.
Delaware Judge Pegs Low Values for Crypto Tokens in FTX Bankruptcy Case
The debtor’s prebankruptcy machinations to inflate the value of tokens resulted in low claim valuations in bankruptcy.
Owning a Marijuana Business Doesn’t Disqualify the Owner from Being in Chapter 7
Bankruptcy Judge Montali didn’t toss an individual out of chapter 7 just because he owned two LLCs that sold marijuana at retail.
A Partial Ethical Wall Didn’t Give Rise to Disinterestedness, Judge Kenney Said
Expedience is no substitute for disinterestedness when it comes to retention of a chapter 11 debtor’s general counsel.
First Nixing $240,000 for Contempt, Fifth Circuit Approves $450,000 for Civil Contempt
Having previously set aside a $240,000 sanction as criminal contempt, the Fifth Circuit affirmed $450,000 in civil contempt against the same contemnor in the same bankruptcy case.
Courts Are Now Split on Ignoring Nonvoting Classes in Subchapter V Plans
Disagreeing with two bankruptcy courts in Houston, Miami’s Judge Isicoff holds that a Sub V plan with a nonvoting class can be confirmed only as a nonconsensual plan.
A Claim Is Unliquidated if It Requires the Exercise of Judgment or Discretion
Tort claims are usually unliquidated, but a contract claim is liquidated if it’s precisely determinable by agreement or operation of law, Judge Lori Vaughan says.
Fourth Circuit Broadly Defines Restitutions that Aren’t Discharged in Chapter 13
The federal appeals court brushed aside technicalities under state criminal law in deciding that an order for restitution was not discharged under Section 1328(a)(3).
Judicial Estoppel Barred the Debtor from Filing an Undisclosed ‘PI’ Claim, Circuit Says
Eighth Circuit holds that a chapter 13 debtor, not the trustee, has standing to bring personal injury claims.