December 10, 2020
9th Circuit , Idaho ,
Section 326(b) could have been (incorrectly) read to mean that non-standing subchapter V trustees are not entitled to compensation.
December 9, 2020
California judge disagrees with a Texas judge and rules that creditors of a solvent debtor are not entitled to the higher state judgment rate or the higher contract rate.
December 8, 2020
9th Circuit , Arizona ,
Expanding on dicta in Bellingham, the district court in Arizona finds no power to enter a final order in a preference suit against a defendant who did not consent to a final order in bankruptcy court.
December 7, 2020
An oversecured lender may not be entitled to a fee allowance from the estate that a private client might be willing to pay.
December 4, 2020
The Fifth Circuit and now the Court of Claims found no constitutional flaw in the 2017 increase in fees paid by chapter 11 debtors to the U.S. Trustee system.
December 3, 2020
Even though the discharge order had been violated, neither Midland Funding nor Ninth Circuit precedent precluded an FDCPA suit for attempting to collect a debt paid in full.
December 3, 2020
Even though the discharge order had been violated, neither Midland Funding nor Ninth Circuit precedent precluded an FDCPA suit for attempting to collect a debt paid in full.
December 2, 2020
2nd Circuit , New York ,
New York Court of Appeals decision opens the door to state court suits against third parties who cause debtors to breach contracts with lenders.
December 1, 2020
The Eleventh Circuit makes federal common law to nail companies for a deceased affiliate’s pension underfunding.
November 30, 2020
Cutting off post-petition liens under PROMESA did not violate the Takings Clause.