Kentucky

Homestead Proceeds May Be Exempt Under State Law but Not Under Federal Exemptions

Is a bankruptcy court improperly making federal common law in defining an exemption contrary to state law in an aspect of the exemption not explicitly covered by Section 522(d)(1)?

Bifurcated Fee Arrangements Barred in Western District of Kentucky

Curiously, bifurcated fee arrangements are sometimes permitted in the Eastern District of Kentucky.

Another Court Approves an Arrangement for Paying Most Chapter 7 Fees After Filing

Careful drafting and copious documentation are required for a bifurcated fee arrangement to pass muster in chapter 7.

A Cash Collateral Carveout Doesn’t Automatically Make a Bank Liable for Fees

Bankruptcy Judge Lloyd limits a recent Sixth Circuit opinion to its facts in holding that a bank was not liable to pay professional fees from a cash collateral carveout.

Kentucky Judge Refuses to Approve a ‘No Seal, No Deal’ Settlement

The parties’ wishes are insufficient to justify sealing.

Chapter 12 Eligibility Requirements Construed Liberally in Favor of the Debtor

Unfiled claims aren’t included in calculation of total debt for chapter 12 eligibility.

Continuing to Farm Is Not Prerequisite for Relief in Chapter 12

Judge prescribes loose standards for eligibility as a family farmer.