December 5, 2019
At oral argument, the justices seemed to recognize that Rodriguez v. FDIC does not raise the question of whether the lower courts relied on federal common law in deciding the ownership of a tax refund.
December 3, 2019
Fifth Circuit upholds its prior ruling that disallowing part of a claim under the Bankruptcy Code does not render the claim ‘impaired’ to allow voting on a chapter 11 plan.
November 26, 2019
Claiming a firearm is owned for defense of the household raises the odds that the gun will be exempt as household goods.
November 25, 2019
Someone forced into bankruptcy on account of medical bills will also be forced into chapter 13.
November 22, 2019
The claim of a member of a creditors’ committee was subordinated because she evaded disclosure that her claims would consume the entire estate.
November 18, 2019
Justices may narrow Bullard by drawing back from the requirement that finality requires a change in the status quo.
November 13, 2019
Ninth Circuit BAP balances the need for quickly dealing with an involuntary petition against the petitioners’ right to discovery and a list of creditors.
November 12, 2019
Rulings by the First and Second Circuits ensure that recoveries by a Ponzi scheme trustee will be distributed to all victims, not just those who sue on their own.
November 7, 2019
Courts disagree on lien stripping by one owner of entireties property and jointly owned property.
October 31, 2019
Third Circuit also holds that turnover in Section 542(a) is not automatic. The debtor must mount an adversary proceeding to obtain a turnover of property.