BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
‘Stay and pay’ may not be permissible, but the remedies can be toothless.
Judge Name - Do not use it.
Phillip J. Shefferly
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Eleventh Circuit Requires No Objection to Overturn a Final Confirmation Order
Split decision allows a lender to take property out of an estate automatically.
Judge Name - Do not use it.
Kevin Newsom, Charles R. Wilson
Inventory Liens Always Prevail over Reclamation Claims, Indianapolis Judge Says
BAPCPA amendments were a mess but cleaned up one issue on reclamation, according to Judge Graham.
Judge Name - Do not use it.
Jeffrey J. Graham
Goods Delivered Directly to a Debtor’s Customers Never Qualify for 503(b)(9)
Judge Shannon writes an important decision for the era of ecommerce.
Judge Name - Do not use it.
Brendan L. Shannon
Receipt under Section 503(b)(9) Occurs on Physical Possession, Third Circuit Holds
Third Circuit aids suppliers because ‘receipt’ can occur after ‘delivery.’
Judge Name - Do not use it.
Thomas M. Hardiman
Means Test Applies in a Chapter 7 Case Converted from Chapter 13, Circuit Rules
Eleventh Circuit relies on the ‘evolution’ of Section 707(b) to proscribe an evasion of the means test.
Judge Name - Do not use it.
Judge Barrington D. Parker, Jr.
Third Circuit Joins the Majority in the Split Over Late-Filed Tax Returns
Circuit split widens on an issue the Supreme Court has been ducking.
Judge Name - Do not use it.
Jane R. Roth
Courts Split on Allowing Credit Counseling on the Same Day but After Filing
Judge follows statutory language that didn’t achieve the result Congress intended.
Judge Name - Do not use it.
Laura T. Beyer