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.
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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.
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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.
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BAP Gives Post-Petition Appreciation to Chapter 7 Estate on Conversion from Chapter 13
In a rising real estate market, chapter 13 debtors risk losing their homes if they sell or convert to chapter 7.
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Courts Split on Plan Amendments Requiring Substantial, Unanticipated Changes
Eighth Circuit BAP ‘at a minimum’ requires substantial changes in financial condition for a debtor to modify a confirmed chapter 12 plan.
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Clark v. Rameker Didn’t Say that All Inherited IRAs Aren’t Exempt
In Section 522(b)(3), Congress made sure that ‘retirement funds’ are exempt in bankruptcy even if they aren’t exempt in states that don’t permit federal exemptions.
Post-Petition Appreciation in the Value of a Home Goes to Creditors in Chapter 13
Courts are deeply split on a chapter 13 debtor’s ability to keep the appreciation in an exempt home, whether or not the case converts to chapter 7.
Strict Rule Compliance Not Required for Serving a Complaint, Circuit Says
The Bankruptcy Rules for serving a summons and complaint are not jurisdictional, Eighth Circuit says.
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