PACA Trust Claims Don’t Defeat the Power to Use Cash Collateral
PACA trust creditors can’t hold a chapter 11 debtor hostage, judge rules.
Unclaimed Distributions Go to the Treasury, Not to Other Creditors, Judge Says
Tennessee judge changes a practice established in 1995 regarding unclaimed distributions.
Trustee Can’t Evict Debtors in Advance of Selling Their Home, Sixth Circuit Rules
Debtors have standing for a motion compelling a trustee to abandon.
Court:
Rooker-Feldman Protects Unperfected Mortgages and Permits Foreclosure
Unperfected mortgage can be perfected after discharge, BAP implies.
Court:
Mortgage Deficiency Judgments Are Avoidable Impairments, BAP Holds
Courts divided on rationale, Sixth Circuit BAP adopts First Circuit’s approach.
Court:
Split Sixth Circuit Bars Litigation Trustees from Suing on D&O Policies
Dissent proclaims a split of circuits and says the debtor and DIP are distinct entities.
Court:
Plan Modifications Are Timely if Motion Is Filed Before Last Chapter 13 Plan Payment
Date of filing, not date of hearing, is pivotal on timeliness of chapter 13 plan modifications.
Narrow Ipso Facto Clauses Can Be Unenforceable
Code provisions voiding ipso facto clauses are interpreted broadly.
Dubious Opinion Says Automatic Stay Inapplicable to Setoff Against Exempt Property
District judge refuses to give automatic stay protection to a tax evader.
Trustees Don’t Get a Second Bite at the Abandonment Apple
The debtor, not the trustee, can profit from a secured creditor’s mistakes.