Supreme Court Won’t Decide Whether ‘13’ Trustees Are Paid When Plans Aren’t Confirmed
Any day now, the Second Circuit could create a split of circuits importuning the Supreme Court to decide whether chapter 13 trustees are paid fees even if no plan is confirmed.
Court:
Benchnotes April 2024
Journal Issue:
Shareholder Standing Scrutinized in a Case that Presages Truck Insurance
Can Section 327(c) be unconstitutional as applied if it deprives shareholders of standing when the estate might be solvent?
Court:
A Stipulated Dismissal Won’t Serve as the Basis for Res Judicata, a/k/a Claim Preclusion
A stipulated dismissal, even with prejudice, doesn’t mean that the claims were ‘actually litigated’ for the purpose of claim preclusion, the Sixth Circuit says.
Court:
May a Trustee Attach a Preference Defendant’s Property Before Judgment?
If the requisites for a preliminary injunction are met, a trustee might be able to freeze some of a preference defendant’s assets when a prejudgment attachment is not available.
Creditors Don’t Receive Estate Assets Recovered After the Last Chapter 13 Plan Payment
Absent a provision in the plan to the contrary, creditors aren’t given estate assets recovered after the final plan payment.
Court: