Seventh Circuit to Rule on Paying ‘13’ Trustees if Dismissal Precedes Confirmation
Within the next year, four circuits will have ruled on a split where some lower courts pay chapter 13 trustees and others don’t when dismissal precedes confirmation.
Core vs. Non-Core Doesn’t Determine Whether Arbitration Will Be Enforced
Chicago’s Judge Cleary didn’t compel arbitration of an affirmative counterclaim by the debtor against the creditor that would be determined in the course of passing on the allowance of the creditor’s proof of claim.
Here’s How a Disclaimed Inheritance Can Be Recovered Under Section 544(b)
Although a disclaimed inheritance is ordinarily beyond the avoiding powers, a trustee can step into the shoes of the IRS to set aside the disclaimer.
Harris Expanded to Bar Paying Debtor’s Counsel After Conversion from ‘13’
Harris v. Viegelahn bars any payment by a chapter 13 trustee after conversion, not just payments to creditors, Judge LaShonda Hunt says.
Property Held in a Joint Tenancy Leaves the Estate on the Debtor’s Death
If a debtor owns property as a joint tenant with right of survivorship, the trustee has nothing to sell if the debtor dies.
Assets Sold Free and Clear of a Multi-Employer Pension Plan’s Withdrawal Liability
The Seventh Circuit has yet to rule precisely on whether the bankruptcy court can sell assets free and clear of successor liability.
Plan Amendment Barred When Just a Few Claims Had Been Paid After Confirmation
Substantial consummation under Section 1193(b) was defined by the bankruptcy court to mean commencement of distributions to some but not all creditor classes.
A Receiver May Move to Dismiss an Involuntary Petition, but May Not Answer
Surprisingly, there is little authority on whether or how a receiver may respond to the filing of an involuntary petition.
No Withdrawal or Jury Trial on Claims that Lawyers Violated Section 526
The district court opinion affirms the notion that bankruptcy courts have ‘core’ power without a jury to adjudicate claims of attorney misconduct.
Chapter 13 Can Shield Preferences from Recovery
So long as the debtor is paying unsecured creditors what chapter 13 requires, the debtor is not obliged to pursue preferences.