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1st Circuit

Fully Encumbered Property Is Not a Debtor’s Asset, First Circuit Says

Perplexing opinion may only apply to the status of assets before bankruptcy.

Filing Date Controls Whether Residential Mortgages Can Be Modified

Courts are split on two issues regarding the antimodification provisions in Sections 1123(b)(5) and 1322(b)(2).

Section 108(a) Time Extension Held Not Applicable to Chapter 13 Debtors

Courts split on whether Section 108(a) extension of statutes of limitations applies to chapter 13 debtors.

No Quick Exit for Any Creditors from Puerto Rico’s Financial Mess, Judge Says

Judge refuses to issue declaratory judgments about Puerto Rico’s use of tax revenues.

Asset Sale Appeals Are Moot Even if There Is a Jevic Violation, First Circuit Says

Waiving the automatic stay and immediately closing a sale does not make Section 363(m) inapplicable.

Circuit Split Deepens on Rejection of Trademark Licenses

First Circuit follows the Fourth Circuit’s Lubrizol and rejects the Seventh Circuit’s Sunbeam.

Boston Judge Allows Conversion to Chapter 13 Just to Prevent the Sale of a Home

Converting to chapter 13 to prevent the sale of a home in chapter 7 is not bad faith.

Creative Theory Fails to Give an Automatic Appeal from a Non-Core Interlocutory Order

Interlocutory orders by bankruptcy courts on non-core claims don’t give rise to immediate de novo review as proposed findings and conclusions.

First Circuit Narrowly Defines Fiduciaries Who Are Prohibited Buyers of Estate Assets

First Circuit narrowly applies equitable mootness in a receivership sale.

First Circuit Widens a Circuit Split on a Committee’s Intervention Rights

Allowing intervention as of right, First Circuit repudiates its own prior authority as ‘pure dicta.’