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Practice and Procedure

The Mailbox Presumption Won’t Deem a Claim to Have Been Timely Filed

Courts are split on the extent to which an affidavit of timely mailing will suffice to prove that a claim was filed.

4th Circuit
North Carolina
North Carolina Middle District

Accepting Credit Card and ACH Installment Payments from Debtors

Feb 2021

Bankruptcy Code
348
524
525
727
1325
Topic Tags
Practice and Procedure
Consumer Bankruptcy

Courts Are Now Split on Whether a Subchapter V Debtor Must Be ‘Currently’ Engaged in Business

Debts acquired from running a business do not qualify someone for subchapter V of chapter 11 if the business has terminated and the assets are gone, according to Judge Cynthia Norton.

8th Circuit
Missouri
Missouri Western District
Tuesday, December 8, 2020
Article Tags
Practice and Procedure
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Arizona District Judge: No Final Orders in Preference Suits Without a Claim or Consent

Expanding on dicta in Bellingham, the district court in Arizona finds no power to enter a final order in a preference suit against a defendant who did not consent to a final order in bankruptcy court.

9th Circuit
Arizona
Friday, December 4, 2020
Article Tags
Administrative Expense Claims
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Ethics
Practice and Procedure
Professional Compensation/Fees
Business Reorganization
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Court of Claims Upholds Fee Increase for U.S. Trustee System

The Fifth Circuit and now the Court of Claims found no constitutional flaw in the 2017 increase in fees paid by chapter 11 debtors to the U.S. Trustee system.

5th Circuit

To amend title 11, United States Code, to prohibit private employers to deny employment involving debtors in bankruptcy.

Tuesday, November 24, 2020
Article Tags
Legislation
Practice and Procedure
Consumer Bankruptcy
Full bill text.

Ninth Circuit Upholds an FDCPA Suit for Collecting a Debt Paid in Full in Chapter 13

Even though the discharge order had been violated, neither Midland Funding nor Ninth Circuit precedent precluded an FDCPA suit for attempting to collect a debt paid in full.

9th Circuit

Ninth Circuit Upholds an FDCPA Suit for Collecting a Debt Paid in Full in Chapter 13

Even though the discharge order had been violated, neither Midland Funding nor Ninth Circuit precedent precluded an FDCPA suit for attempting to collect a debt paid in full.

9th Circuit
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