Even Without Personal Liability, a Mortgage on a Debtor’s Property Is a ‘Claim’
The ‘broad’ definition of ‘claim’ by the Supreme Court in Johnson led Judge Huennekens to hold that in rem rights against a debtor’s property give rise to a ‘claim.’
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Losing a Motion to Reopen a Case Can Be a Victory for the Debtor (Sometimes)
An act of Congress that waived sovereign immunity for Marines at Camp Lejeune meant that personal injury tort claims did not arise when the injury was sustained.
Bankruptcy Courts Disagree on Paying U.S. Trustee Fees by Liquidating Trusts
Adroitly drafting a chapter 11 plan may avoid having a liquidating trust pay quarterly fees to the U.S. Trustee.
The Best Opinion Yet Ordering Refunds for Overpayment of U.S. Trustee Fees
All three courts to confront the question have now ordered the government to refund overpayments of U.S. Trustee fees.
Statutory Basis Explained for Deferring Rent in Response to the Coronavirus
Section 365(d)(3) doesn’t contain a remedy for failure to pay rent on time, Judge Huennekens says.
One Owner May Strip a Lien Off Property Owned JTWROS, Judge Huennekens Says
Courts disagree on lien stripping by one owner of entireties property and jointly owned property.
Increased U.S. Trustee Fees Stick to ‘Revolvers’ but Not to Pending Cases
Seventh Circuit reverses and imposes the U.S. Trustee fee on ‘revolver sweeps,’ but Judge Huennekens rules that the fee increase violates two clauses in the Constitution.
Judge Name - Do not use it.
Kenneth F. Ripple, Kevin R. Huennekens
Courts Shifting to Say Corporate ‘S’ Status Is Not Property
Virginia judge sides with Third Circuit to hold that ‘S’ status is not a corporate debtor’s property.
Judge Name - Do not use it.
Kevin R. Huennekens
Exhausting Administrative Remedies Is No Prerequisite to Bankruptcy Jurisdiction
Exhaustion of state and federal administrative remedies are not the same, judge says.
Judge Name - Do not use it.
Kevin R. Huennekens