April 8, 2021
10th Circuit , Kansas ,
Subordination agreement did not transfer voting rights, but prudential standing nevertheless barred the subordinated creditor from participating in confirmation, Judge Somers says.
April 7, 2021
9th Circuit , Nevada ,
The Supreme Court’s Midland Funding opinion was no defense to invocation of a Nevada statute shifting fees and compelling the creditor to pay the debtor’s costs in expunging stale claims.
April 6, 2021
If a case is dismissed, all assets revest in the debtor and nothing remains in the bankruptcy estate, not even undisclosed assets.
April 5, 2021
Creditors’ lawyers shot themselves in the foot by having the bankruptcy judge moot a motion for an extension of the dischargeability deadline.
April 2, 2021
10th Circuit , Colorado ,
Judge McNamara of Denver allowed chapter 13 debtors to keep all of a $46,500 personal injury settlement received before filing.
April 1, 2021
Another court strains to explain why costs incurred by disciplinary authorities were not in compensation for “actual pecuniary loss.”
March 31, 2021
The statutory basis for permanent relief under today’s chapter 15 was found in former Section 304, which chapter 15 superseded.
March 30, 2021
The Eleventh Circuit narrowed its Jet Florida rule that allowed suing a discharged debtor as nominal defendant.
March 29, 2021
Splitting with the Sixth Circuit, Pittsburgh district judge rules that a FLSA suit falls within the ‘police and regulatory’ exception to the automatic stay.
March 26, 2021
District judge in Indiana holds that the automatic stay only ends as to the debtor’s property after a repeat filing, not also as to estate property.