Lower courts are split on whether terminating a nonresidential lease for default means there is no automatic stay.
A creditor can’t have derivative standing if the trustee already sold the claim, BAP says.
Abstention can’t be used to peel off some claims from an adversary proceeding, the BAP says.
Fraudsters get no sympathy from the Sixth Circuit on dischargeability.
A trust designed to defeat the claims of creditors can sometimes hold up in bankruptcy.
Courts are groping to define ‘personal use’ because Congress didn’t.
Holders of nondischargeable claims can be forced to accept pro rata payments during the life of the plan and collect the remainder only after discharge or dismissal, the BAP rules.
Courts are split on whether child support arrears are estate property.
Courts are split on aggregating filed and non-filed claims in calculating chapter 12 eligibility.
The parties’ wishes are insufficient to justify sealing.