Courts are split on the interpretation of BAPCPA’s treatment of automatically rejected leases in chapter 7.
Supreme Court’s subsequent Epic decision casts doubt on opinions overriding arbitration agreements in the bankruptcy context.
‘Exhaustion’ is not required before compelling the IRS to return funds taken in violation of discharge.
Filing a proof of claim would have precluded a jury trial in a fraudulent transfer suit.
A chapter 13 plan is in good faith even if retirement plan contributions are 10 times more than payments to creditors.
Decisions to surrender aren’t made in ‘perpetuity,’ Judge Isicoff holds.
Courts split on inclusion of life insurance proceeds in a chapter 13 estate.
Lender assessed the costs of chapter 11 for causing an unnecessary bankruptcy.
Prohibition on avoidance actions in chapter 15 only bars suits under Bankruptcy Code powers.
Circuit split over maritime liens appears headed for the Supreme Court.