Bankruptcy Statistics: We Need a New § 159
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BAPCPA at 10
Seventh Circuit Allows Anticipated Tax Refunds to Be Offset by Expenses in Chapter 13
On direct appeal, Seventh Circuit upholds Bankruptcy Judge Thorne by allowing chapter 13 debtors to retain anticipated refunds from earned income tax credits.
Court:
A Trademark License Rejection Case May End Up in the Supreme Court
A case on the ability of state law to take property out of the estate after filing may not go to the Supreme Court.
Court:
Ok to Bifurcate the Lien on an Auto Used by the Debtor’s Non-Filing Partner
Congress created a loophole in the hanging paragraph in Section 1325(a).
Fifth Circuit Holds that Chapter 7 Trustees Presumptively Get Statutory Commissions
In the Fifth Circuit, chapter 7 trustees lock in higher compensation.
Court:
Cutting-Edge Chapter 11 Issues – 40 Years After the ’78 Reform Act
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BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
‘Stay and pay’ may not be permissible, but the remedies can be toothless.
Eleventh Circuit Requires No Objection to Overturn a Final Confirmation Order
Split decision allows a lender to take property out of an estate automatically.
Court:
Inventory Liens Always Prevail over Reclamation Claims, Indianapolis Judge Says
BAPCPA amendments were a mess but cleaned up one issue on reclamation, according to Judge Graham.
Missed It by That Much
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