Still No Universal Test for Bifurcating an Auto Loan in Chapter 13
Courts are groping to define ‘personal use’ because Congress didn’t.
Nondischargeability Is No Bar to Feasibility in an Individual Chapter 11
Holders of nondischargeable claims can be forced to accept pro rata payments during the life of the plan and collect the remainder only after discharge or dismissal, the BAP rules.
Court:
Tennessee Judge Rules Back Child Support Is Not Estate Property
Courts are split on whether child support arrears are estate property.
Filed and Unfiled Claims Not Aggregated for Chapter 12 Eligibility, BAP Holds
Courts are split on aggregating filed and non-filed claims in calculating chapter 12 eligibility.
Court:
Kentucky Judge Refuses to Approve a ‘No Seal, No Deal’ Settlement
The parties’ wishes are insufficient to justify sealing.
A Bogus Claim May Beat Summary Judgment, but It Won’t Reach a Jury
A defense that fails the ‘laugh test’ still beats a summary judgment motion, district judge says.
Sovereign Immunity Fully Insulates a Tribe from Lawsuits
Sovereign immunity protects a tribe even after successful veil piercing.
BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
‘Stay and pay’ may not be permissible, but the remedies can be toothless.
Sixth Circuit Has Simple Requirement for a Debtor’s Claim to Survive Confirmation
If creditors want more information about a lawsuit to pursue after confirmation, they must ask for it.
Court:
“Substantial Contribution” Claim Allowed in Chapter 13
Split grows on whether ‘substantial contribution’ claims are limited to chapters 9 and 11.