Filing ‘13’ Immediately After Renewing a Title Loan Might Be Bad Faith
Reversing the bankruptcy court, a district court says that renewing a title loan before filing might bar confirmation of a chapter 13 plan.
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Fifth Circuit Permits Gatekeeping to Serve the Function of Third-Party Releases
Adhering to the categorial prohibition of nondebtor third-party releases, the Fifth Circuit now allows a workaround to protect principal participants in chapter 11 cases.
Fifth Circuit Holds that Surety Bonds Are Not Executory Contracts
The Fifth Circuit said in dicta that courts might apply the ‘functional approach’ rather than the Countryman test in deciding whether a triangular contract is executory.
After Siegel, Tenth Circuit Mandates Refunds for Overpayment of U.S. Trustee Fees
The Tenth Circuit is the first appeals court to rule on remedy after the Supreme Court said that the 2018 increase in U.S. Trustee fees was unconstitutional.
Bankruptcy Removal Isn’t the Same as General Removal, Fifth Circuit Explains
Fifth Circuit finds ‘related to’ jurisdiction in a lawsuit between two third parties who were neither debtors nor creditors.
First and Ninth Circuits Split on Discharge of Takings Clause Claims
Splitting with the Ninth Circuit, the First Circuit holds that claims under the Takings Clause cannot be discharged in a municipal bankruptcy.