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Avoidance Actions Are Estate Property that May Be Sold, the Fifth Circuit Says

The Fifth Circuit answered one of the two questions being posed at this year’s Duberstein Moot Court Competition.

Everyone Wants a Piece: Handling Post-Petition Funds in Chapter 13

March 2024

Third-Party Releases in Bankruptcy

Alabama Judge Gives a Mixed Message on Who Gets Postpetition P.I. Settlements

District court rules that proceeds from a postpetition personal injury claim are ‘additional disposable income’ that ordinarily goes to creditors in a chapter 13 plan.

When Inherited Property Becomes Property of the Debtor’s Bankruptcy Estate

Being an heir by itself doesn’t bring a decedent’s estate into the heir’s bankruptcy estate.

Benchnotes February 2024

Feb 2024

Oil and Gas Royalties Never Become Estate Property in Colorado

The Third Circuit gave royalty owners a constructive trust over royalties improperly paid to secured creditors. The circuit court did not rule on remedy.

A Tale of Two Surety Cases

Feb 2024

Bankruptcy Code Overrides Contrary Delaware Corporate Law, Judge Lopez Says

Whether a creditor violated the automatic stay is not arbitrable in bankruptcy.

WORKSHOP: Oops, They Did It Again: Litigating Automatic Stay and Discharge Violations