Eight Lower Courts Disagree with the Fourth Circuit on Sub V Nondischargeability
Nondischargeability for Sub V corporate debtors is sub judice in the Fifth Circuit.
Bankruptcy Is No Get-Out-of-Jail-Free Card for a Disobedient Debtor
When there has been a division of marital property, does a debtor only hold legal title to property given to the spouse?
Debtor May Amend a ‘13’ Plan to Modify the Treatment of a Secured Creditor’s Claim
Chicago Bankruptcy Judge David Cleary followed a decision by then-district Judge David Hamilton and “respectfully” disagreed with decisions by two predecessors on the same bankruptcy bench.
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.
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.
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.
Although Unusual, Postpetition Retainers Are Permissible, Chicago Judge Says
The possibility that interim compensation allowances can be disgorged means that counsel won’t have an undue advantage over other administrative creditors, Judge Cleary says.