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February 1, 2016

A $15,000 Civil Contempt Order Was Interlocutory and Not Appealable

Perhaps a civil contempt order should sometimes be final in bankruptcy.

9th Circuit , California , California Central District ,

January 29, 2016

Sixth Circuit Nixes the Notion of Artificial Impairment for Plan Confirmation

Sixth and Fifth Circuits arguably disagree on what constitutes artificial impairment to confirm a chapter 11 plan.

6th Circuit ,

Eighth Circuit Requires Debtors to Disclose Suits Arising after Filing

Disclosing a lawsuit after chapter 13 discharge is too late to avoid judicial estoppel.

8th Circuit ,

January 28, 2016

Fourth Circuit Fixes One Issue of Tax Lien Subordination under BAPCPA

Fourth Circuit cleans up one mess Congress made with BAPCPA.

4th Circuit ,

Support Obligations for Grandchildren Are Ordinarily Dischargeable

Deficient drafting results in dismissal of dischargeability complaint.

7th Circuit , Illinois , Illinois Northern District ,

January 27, 2016

Benefit to Consumer Required for Involuntary Conversion from Chapter 7 to 11

Judge lays down a tough rule, then goes easy on consumer debtors.

5th Circuit , Texas , Texas Western District ,

January 26, 2016

Arbitration Clause Nixes Class Suit for an Automatic Stay Violation

Enforcing arbitration clause turns on core vs. non-core distinction.

9th Circuit , Oregon ,

California Judge Fixes Discharge Deadline for Late-Filing Tax Penalty

Bankruptcy mavens, take note: Late-filing fines for tax returns kick in Oct. 15.

9th Circuit , California , California Northern District ,

January 25, 2016

Split 9th Circuit BAP Exempts Adoption Payments from Disposable Income in Chapter 13

9th Circuit BAP opinion broadly puts welfare payments beyond reach of chapter 13 creditors.

9th Circuit ,

Judge Closes Loophole to Prevent Discharging Pre-Conversion Condo Charges

Debtors once again stuck paying post-filing condo charges on abandoned home.

4th Circuit , North Carolina , North Carolina Eastern District ,