Receipt of a Chapter 7 Discharge Doesn’t Preclude Conversion to Chapter 13
Small state exemptions mean that some low-income debtors can lose their homes in chapters 7 and 13 if there is equity.
The Time Has Come to Reconsider Whether Trustees Are Subject to In Pari Delicto
Bound by circuit precedent, the Eighth Circuit held that a prior receivership does not cleanse the bankruptcy estate of the in pari delicto defense.
Court:
A Lender Can’t Have a Lien on Avoidance Actions, Judge Thad Collins Says
The Eighth Circuit had held that a debtor has an ‘inchoate’ property interest in avoidance actions before bankruptcy, but Judge Collins ruled that a lender can’t have a lien.
Eighth Circuit Holds that § 303(i) Damages Are Available for § 305(a) Dismissal
Eighth Circuit panel disagrees about whether federal preemption bars state law claims for dismissal of an involuntary petition.
Court:
Judicial Estoppel Barred the Debtor from Filing an Undisclosed ‘PI’ Claim, Circuit Says
Eighth Circuit holds that a chapter 13 debtor, not the trustee, has standing to bring personal injury claims.
Court:
Judges Plead with Congress to Fix the Mess Created by Lamie
Sitting en banc, three judges in St. Louis effectively barred bifurcated fee arrangements in the Eastern District of Missouri.
Offensive Appellate Rights May Be Sold, but Maybe Not Defensive Appellate Rights
State laws differ on whether defensive appellate rights are estate property that may be sold.
Another Circuit Says Creditors Take Appreciation When a ‘13’ Case Converts to ‘7’
The Eighth Circuit aligned with the Ninth Circuit by holding that postpetition appreciation in a home belongs to creditors when a chapter 13 case converts to chapter 7.
Court:
Eighth Circuit Definitively Holds: Avoidance Actions Are Estate Property and Can Be Sold
Now a circuit judge, a former bankruptcy judge makes quick work of a troublesome issue about property of the estate.
Court:
Till Doesn’t Require Starting with the Prime Rate, Eighth Circuit Says
The Treasury rate and prime rate are both proper starting points for pegging post-petition interest rates, but starting with Treasurys requires a larger risk premium.
Court: