Courts May Create Trust Accounts to Pay Sub V Trustees and Other Admin Expenses
The court can’t require a debtor to give a ‘retainer’ to a Subchapter V trustee, Judge Pearson says.
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State Law Lines Up with Federal Judicial Estoppel When Assets Aren’t Scheduled
Oregon Supreme Court allows substitution of a bankruptcy trustee as the real party in interest because denial would chiefly punish the debtor’s creditors.
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Ninth Circuit Cited for Barring So-Called Critical Vendor Orders
A bankruptcy judge in Oregon was unable to follow renowned Bankruptcy Judges ‘Burt’ Lifland and ‘Mike’ Lynn, who granted critical vendor motions.
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Electric Power Held Not to Be Goods with a 20-Day Priority Under Section 503(b)(9)
An Oregon power company appears headed for the Ninth Circuit to decide whether electric power qualifies as “goods” to be accorded the 20-day priority.
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Student Loans Discharged in Part, Even Though Debtor Wasn’t Destitute
A bankruptcy judge can afford little relief from student loans, even for sympathetic debtors who try hard to repay their debts.
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Fraud Isn’t the Only Ground for Revoking Chapter 13 Confirmation
Court in the Ninth Circuit takes more flexible approach to revoking confirmation.
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Dischargeability Judgment Must Not Lower Interest on a Creditor’s Judgment
Abuse of discretion automatically results if a judgment harms a defrauded creditor.
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Debtors Not Sharing Fruits of Stay Violation Claim with Creditors Must Arbitrate
You can’t stiff your creditors and profit from an inadvertent stay violation claim.
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Arbitration Clause Nixes Class Suit for an Automatic Stay Violation
Enforcing arbitration clause turns on core vs. non-core distinction.
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