November 1, 2021
Judge Somers wrote two opinions on debtors’ eligibility to reorganize in chapter 12.
10th Circuit , Kansas ,
October 28, 2021
The Ninth Circuit B.A.P. says that the automatic stay does not require dismissal of prepetition lawsuits against debtors.
October 27, 2021
Motions to recuse three bankruptcy judges fortified the third judge’s decision to dismiss and bar refiling for three years.
October 26, 2021
Notice by email may satisfy due process but doesn’t comply with notice by ‘mail’ under Bankruptcy Rule 2002.
3rd Circuit , Delaware ,
October 25, 2021
The debtor’s bad faith chapter 13 filings convinced Judge Hall to allow garnishment of funds held by the trustee after dismissal.
October 21, 2021
Disclosing a lawsuit in the SOFA and discussing the suit with the trustee was no substitute for listing the suit among a debtor’s assets, the Ninth Circuit held.
October 20, 2021
Retired Judge Kressel wrote the opinion in 2000 relied on by the Eighth Circuit.
October 19, 2021
Debtor accepted a bar to refiling to avoid dismissal with prejudice of her chapter 13 case.
October 14, 2021
Pennsylvania’s Judge Conway hints that failure to stop proceedings after bankruptcy can be an automatic stay violation, even after Fulton.
October 13, 2021
Curiously, bifurcated fee arrangements are sometimes permitted in the Eastern District of Kentucky.