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April 22, 2016

Courts Gravitating Toward Paying Lawyers on Chapter 13 Dismissals

Chapter 13 debtor lawyers are paid when cases dismiss rather than convert.

1st Circuit ,

April 21, 2016

Courts Split on Stripping Down Partially Commercial Mortgages

Buffalo case begs for circuit court ruling to set up a circuit conflict and cert petition.

2nd Circuit , New York , New York Western District ,

Usual Rejection Rules Apply When Both Parties to a Contract Are Bankrupt

Loss of 2,000 jobs doesn’t tile the scales away from contract rejection.

April 20, 2016

Supreme Court Inadvertently Makes Life Difficult for Secured Creditors

Bullard gives bankruptcy judge more ammunition to stymie secured creditors.

9th Circuit , Arizona ,

Austin Judge Writes Treatise on Valuation of Personal Property

Lender needs more than Blue Book value to win a valuation trial.

5th Circuit , Texas , Texas Western District ,

April 19, 2016

Disavowing a Complaint Avoids Bankruptcy Court Jurisdiction

Unartful complaint didn’t prove fatal on a change-of-venue motion.

5th Circuit , Texas , Texas Eastern District ,

April 18, 2016

Potential Tort Claims Are Not Estate Property

Not knowing a cause of action exists sometimes keeps a tort claim out of the estate.

2nd Circuit , New York , New York Eastern District ,

April 16, 2016

Ninth Circuit Says 1980s Supreme Court Opinion Out of Step with Plain Meaning

High court should revisit Kelly v. Robinson from 1986, circuit court says.

9th Circuit ,

Lower Courts Split on Nondischargeability of Education-Related Loans

New York judges narrowly define ‘educational benefit’ to discharge student loans.

2nd Circuit , New York , New York Eastern District ,

April 15, 2016

Courts Split on Allowing Individual Debtors to Retain Wages on Conversion from 11 to 7

Question left open in Harris v. Viegelahn decided against debtor in chapter 11.

7th Circuit , Wisconsin , Wisconsin Western District ,