April 19, 2021
California district judge sides with the dissenter in the Fifth Circuit in saying that the parallel systems of U.S. Trustees and Bankruptcy Administrators violates the Bankruptcy Clause of the Constitution.
April 16, 2021
3rd Circuit , Delaware ,
Delaware bankruptcy judge trusts that dating lawyers at adversary firms didn’t disclose client confidences.
April 15, 2021
Seventh Circuit says that Fulton left open the question of whether holding an impounded car violates Sections 362(a)(4) or (a)(6).
April 14, 2021
Fourth Circuit expands federal government’s setoff rights under the Treasury Offset Program.
April 13, 2021
Whether there had been a default before the chapter 13 filing was pivotal to the debtor’s right to retain a pawned car.
April 12, 2021
Bankruptcy removal statute doesn’t permit moving a suit in district court to the bankruptcy court in another district.
April 9, 2021
Incivility may be acceptable in matrimonial matters, but not when the lawyer represents a debtor.
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.