Consumer Bankruptcy

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Benchnotes March 2021

March 2021

Bankruptcy Code

Topic Tags

Executory Contracts/Leases

Professional Compensation/Fees

Consumer Bankruptcy

Refusal to Arbitrate the Validity of a Security Interest Is Tersely Affirmed in California

Are the lower courts out of step with the Supreme Court when it comes to enforcement of arbitration of disputes in bankruptcy court?

Court :

9th Circuit

California

California Eastern District

Friday, January 22, 2021

Article Tags

Fraud

Fraudulent Transfers

Consumer Bankruptcy

Business Reorganization

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No Retroactive Adequate Protection in Chapter 13, Judge Trust Says

Long Island judge follows ‘Burt’ Lifland and rules that a secured creditor is not entitled to adequate protections for periods of time before filing a motion giving rise to adequate protection.

Court :

2nd Circuit

New York

New York Eastern District

The Standards for a Pre-Filing Injunction Against a Vexatious Litigant

The record as a whole and the likelihood of further abuse justify a pre-filing injunction.

Court :

2nd Circuit

New York

New York Eastern District

Cross-Collateralization Turns Two Loans into One Claim in the Fifth Circuit

When personal property loans are cross-collateralized, a chapter 13 plan must use the same option for cramming down both loans, the Fifth Circuit says.

Court :

5th Circuit

Sanction for Discharge Violation: $450 in Actual Damages and $10,000 for Attorneys’ Fees

When there’s ‘no fair ground of doubt’ about a discharge violation, the creditor should settle or make an offer of settlement to avoid larger damages after trial.

Court :

11th Circuit

Florida

Florida Middle District

Supreme Court Holds that Merely Holding Property Isn’t a Stay Violation

Justices rule that affirmative action is required before withholding property amounts to controlling estate property and results in an automatic stay violation.

Court :

Supreme Court

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