Earmarking only applies if the debtor had no dominion and control and the transfer did not diminish the debtor’s estate, BAP says.
In a case headed for the Tenth Circuit, upholding the dignity of the court overcame the automatic stay.
Special counsel unfamiliar with bankruptcy procedures weren’t excused from the requirement to file a final fee application by the deadline.
Had Congress considered the facts that were before Bankruptcy Judge Elizabeth Brown, it surely would have written the statute differently, this writer believes.
A hybrid contract covering both goods and services is accorded priority status under Section 503(b)(9) only for the value of the goods, even if the contract primarily involved the sale of goods.
Section 157(b)(5) does not bar the bankruptcy court from trying defamation and IIED claims, Judge Thuma says, siding with Judge Bernstein.
Bankruptcy judges are required to predict the unknown and the unknowable when deciding how much debtors can repay in student loans.
Disputes over water rights aren’t the sort of property interest that can attach to proceeds in a sale ‘free and clear’ under Section 363(f).
The Tenth Circuit left an unanswered question: Do debtors retain post-filing appreciation in a home that is not sold before the case converts from chapter 13 to chapter 7?
Courts are split when it comes to deciding whether the confirmation date or the filing date should be used to value a secured lender’s collateral in cramdown.