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April 4, 2018

Two justices recommend that the Second Circuit reconsider the ‘Tribune’ safe harbor decision in light of Merit Management.
Post-petition interest accruals aren’t counted in figuring distributions among undersecured creditors with liens on the same collateral.
Student loan debtor ineligible for chapter 7 may pursue chapter 13 even with too much unsecured debt, Judge Catherine J. Furay says.

April 3, 2018

Judicial estoppel requires ‘an effort to game the bankruptcy system.’
Milavetz invalid-purpose test isn’t applicable to incurring debt to pay a retainer.

April 2, 2018

A contrary result would have obviated the judicially recognized right to strip off underwater subordinate liens in chapter 13.
Fifth Circuit refuses to adopt chapter 13 valuation timing to chapter 11 cramdowns.

March 30, 2018

Filing bankruptcy won’t divest a district court of maritime jurisdiction, and a bankruptcy court can’t adjudicate maritime lien rights.
Augie/Restivo problems are avoided by including opt-out provisions in a substantive consolidation chapter 11 plan.

March 29, 2018

The distributive share to co-owners is not fixed as of the filing date under Section 363(j).