Nonpurchase Money Debt Service on a Car Isn’t a Deductible ‘Ownership’ Cost in ‘13’
Courts aren’t fully in agreement, but most hold that non-purchase money debt service on a car isn’t an ‘ownership cost’ deducted from current monthly income to arrive at disposable income in chapter 13.
A Suit to Impose a Prepetition Policy Didn’t Violate the Automatic Stay, District Judge Says
Seeking attorneys’ fees from the debtor did not by itself make a postpetition lawsuit subject to the automatic stay.
$400,000 in Sanctions Upheld for Violation of a Confidentiality Order
A large sanction was civil, not criminal, because it was designed for deterrence.
Fifth Circuit Interprets Section 363(m) More Broadly than Other Circuits
Anything that is ‘integrally related’ to a sale is moot in the Fifth Circuit, according to a New Orleans district judge.
Judge Grabill Imposes $400,000 in Sanctions for Violation of Confidentiality Order
Subjectively laudable reasons for violating a confidentiality order didn’t absolve the lawyer of sanctions.
Being Tossed Off a Committee Doesn’t Confer Appellate Standing, District Judge Says
Being removed from an official committee doesn’t harm the former member’s pecuniary interests and therefore doesn’t confer appellate standing.
Surety Bonds Aren’t Executory Contract and Can’t Be Assumed, District Judge Says
An irrevocable surety bond isn’t executory because it gives the bonding company no further obligations to the debtor.
Court:
Additional Committee for Commercial Creditors Appointed in Archdiocese Bankruptcy
Judge Grabill would have given commercial creditors either their own committee or special counsel given the different interests of sexual abuse claimants.
Defenses to Preferences Are Considered in Counting an Involuntary Debtor’s Creditors
A former bankruptcy judge, now a district judge, makes important law on involuntary petitions.
‘13’ Plans Already in Default on March 27 May Be Extended Under the CARES Act
Judge Grabill finds nothing in Section 1329(d) to preclude extending the duration of a plan if payments were already in default when the CARES Act was enacted on March 27.