Practice and Procedure

To Avoid U.S. Trustee Fees, Court Liberally Allows Closing a Case After Confirmation

Pending adversary proceedings don’t preclude a finding that the chapter 11 case has been ‘fully administered,’ thus allowing entry of a final decree and cutting off further fees owing to the U.S. Trustee Program.

Court :

2nd Circuit

Connecticut

Judge Kahn Finds No Constitutional Infirmities in Applying the SBRA Retroactively

Because the SBRA’s foundation is chapter 11, the new statute may be applied constitutionally to rights or property interests arising before enactment.

Court :

4th Circuit

North Carolina

North Carolina Middle District

Bankruptcy Discharge Cuts Off Future Liability on a Guaranty

Courts are split on whether a personal guaranty survives bankruptcy.

Court :

6th Circuit

Monday, March 2, 2020

Article Tags

Court Administration

Fraud

Practice and Procedure

Consumer Bankruptcy

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When Collateral Is Gone, Can an Unsecured Secure Payment?

April 2020

Bankruptcy Code

11 U.S.C. § 362

the Debtor and the Estate›Subchapter I - Creditors and Claims›502

the Debtor and the Estate›Subchapter III - The Estate›541

509

Topic Tags

Automatic Stay

Claims

Bankruptcy Litigation

Practice and Procedure

Unsecured Trade Creditors

Don’t Forget (How) to Vote: Chapter 7 Trustee Elections and Voting Eligibility

Bankruptcy Code

Topic Tags

Practice and Procedure

Eleventh Circuit Opinion Shows Taggart’s Effect on Discharge Contempt Disputes

Taggart allows a court to deny a contempt motion without deciding whether the creditor’s action actually violated the discharge injunction.

Court :

11th Circuit

Wednesday, February 26, 2020

Article Tags

Court Administration

Practice and Procedure

Business Reorganization

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