Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice
BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.
Court:
Assuming a Lease Under Section 365(p) Doesn’t Also Require Reaffirmation, Some Say
Courts are split on the interpretation of BAPCPA’s treatment of automatically rejected leases in chapter 7.
Still No Universal Test for Bifurcating an Auto Loan in Chapter 13
Courts are groping to define ‘personal use’ because Congress didn’t.
Circuit Says Bankruptcy Lawyers Can’t Advise Clients to Pay by Credit Card
Milavetz invalid-purpose test isn’t applicable to incurring debt to pay a retainer.
Court:
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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