Three Circuits Now Require Refunds for Overpayment of U.S. Trustee Fees
The government has filed a petition for certiorari raising the question of whether refunds are the proper remedy following the Supreme Court’s Siegel decision finding that the 2018 increase in U.S. Trustee fees was unconstitutional.
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No Bankruptcy Jurisdiction for a Settlement that Contradicts a Chapter 11 Plan
Fifth Circuit finds no bankruptcy jurisdiction to approve a settlement after confirmation that contradicts the chapter 11 plan.
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Lannett Emerges from Bankruptcy Protection, Eliminates $600M in Debt
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Benchnotes August 2023
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‘13’ Debtors May Deduct their Actual Mortgage Expenses to Arrive at Disposable Income
The Fourth Circuit agreed with the Sixth and Ninth Circuits by allowing chapter 13 debtors to deduct their actual mortgage expenses, not limited by the local standard mortgage deduction.
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Boston Wireless Internet Service Starry Emerging from Bankruptcy
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U.S. Mattress Maker Serta Simmons Receives Chapter 11 Plan Approval
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Rockley Photonics as It Emerges from Chapter 11 with $35 Million Fresh Funding
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BAP Gives Post-Petition Appreciation to Chapter 7 Estate on Conversion from Chapter 13
In a rising real estate market, chapter 13 debtors risk losing their homes if they sell or convert to chapter 7.
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