July 19, 2021
Federal law allows tribes to determine whether a tribe member’s interest in distributions of gaming revenue will be estate property in bankruptcy, Judge Ridgway says.
8th Circuit , Minnesota ,
July 15, 2021
Section 330(a)(4)(B) is an exception to the American Rule and the notion that administrative expenses must benefit the estate, not just the debtor.
July 9, 2021
Courts are split on whether a debtor may amend a chapter 13 plan to cure post-petition defaults on a principal residence.
July 6, 2021
Judge Harner does the best she can to ease the burden imposed on a debtor by student loans.
4th Circuit , Maryland ,
June 29, 2021
Supreme Court narrows Spokeo by holding that violation of a statute won’t always give rise to standing and the right to sue for damages.
June 25, 2021
Courts are continuing to grapple with bifurcated fee arrangements allowing chapter 7 debtors to pay the entire fee after filing.
June 21, 2021
Local or state bar groups should work up standard-form retainer agreements and disclosures to facilitate bifurcated fee arrangements.
June 18, 2021
Eleventh Circuit splits with four other circuits by holding that the Barton doctrine doesn’t protect trustees once the bankruptcy is over.
June 17, 2021
The lack of specific findings of fact by the arbitrator meant that a treble damage award for willful breach of contract was dischargeable.
June 16, 2021
So long as there was no delay in filing the retention application, Judge Tighe identified statutory and practical reasons for allowing compensation for services rendered before entry of a retention order.