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Consumer Bankruptcy

Willful Stay Violation Can Justify Damages for Emotional Distress, Third Circuit Says

For an ‘egregious’ stay violation, medical evidence of emotional distress is not required.

3rd Circuit

For Chapter 13 Eligibility, Lease Claims Aren’t Capped

Large judgment for future rent made debtors ineligible for chapter 13.

5th Circuit
Texas
Texas Southern District
Article Tags
Consumer Bankruptcy
Business Reorganization

Full story.

Monday, April 10, 2017
Article Tags
Consumer Bankruptcy
Business Reorganization
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An Interest Not a Lien Under State Law May Be a Lien Under the Bankruptcy Code

Bankruptcy law definition of a ‘lien’ is broader than state law.

8th Circuit
Missouri
Missouri Western District

Judge Splits with his BAP and Allows ‘Substantial Contribution’ Claim in Chapter 7

Split grows on whether ‘substantial contribution’ claims are limited to chapters 9 and 11.

9th Circuit
California
California Central District

Surprising Analysis Yields the Expected Result on Choice of Law for Claims

Chosen law governed statute of limitations for allowance of claims in bankruptcy.

9th Circuit

Civil Contempt Proceedings Exempt from Automatic Stay in Ninth Circuit

No automatic stay to protect litigation misconduct in the Seventh and Ninth Circuits.

9th Circuit

Fee Application After Completion of Plan Payments Comes Too Late

Fees awarded after discharge are wiped out like everything else.

6th Circuit
Michigan
Michigan Western District

State Law Determines Whether Post-Filing Mechanic’s Liens Are Voidable

Bankruptcy courts can enter final orders voiding mechanic’s liens, Third Circuit says.

3rd Circuit
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