BAPCPA at 10

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.

Goods Delivered Directly to a Debtor’s Customers Never Qualify for 503(b)(9)

Judge Shannon writes an important decision for the era of ecommerce.

Receipt under Section 503(b)(9) Occurs on Physical Possession, Third Circuit Holds

Third Circuit aids suppliers because ‘receipt’ can occur after ‘delivery.’

Means Test Applies in a Chapter 7 Case Converted from Chapter 13, Circuit Rules

Eleventh Circuit relies on the ‘evolution’ of Section 707(b) to proscribe an evasion of the means test.

Third Circuit Joins the Majority in the Split Over Late-Filed Tax Returns

Circuit split widens on an issue the Supreme Court has been ducking.

Courts Split on Allowing Credit Counseling on the Same Day but After Filing

Judge follows statutory language that didn’t achieve the result Congress intended.

Fifth Circuit Denies Exemption to Nonfiling Spouse for Home Owned Fewer than 1,215 Days

Community property homestead rights are lost if only one spouse files bankruptcy.

Courts Divided on Electric Service as ‘Goods’ Under Section 503(b)(9)

Judge relies on physics in ruling that electricity qualifies as ‘goods.’