Bankruptcy Courts in Colorado and Minnesota Bar Bifurcated Fee Arrangements
Local rules require lawyers to prepare and fill all required chapter 7 papers regardless of whether the debtor pays the fee or agrees to pay the fee.
Court:
Eighth Circuit to Decide Whether Avoidance Actions Are Estate Property that Can Be Sold
Authorities are split on whether avoidance actions are estate property that can be sold or can only be prosecuted by the trustee.
FishDish Proves that Ending Equitable Mootness Didn’t End the World as We Know It
Curtailing equitable mootness will benefit the bankruptcy community by fostering appellate decisions that clarify the standards for confirmation of chapter 11 plans.
Split Widens on Dischargeability for Third Party’s Violation of Securities Laws
Circuits are split 2/1 on whether a debtor must have committed a securities law violation before a judgment is made nondischargeable under Section 523(a)(19).
Court:
Capped Landlord Claim Can Also Be Nondischargeable, Eighth Circuit Says
Retired Judge Kressel wrote the opinion in 2000 relied on by the Eighth Circuit.
Court:
Eighth Circuit Comes Near to Abolishing Equitable Mootness
Circuit Judge Loken predicts the Supreme Court will abolish equitable mootness if the lower courts don’t cut back and start reviewing the merits of confirmed chapter 11 plans.
Court:
Tribal Law Defined the Nature of a Tribe Member’s Property Interest in Gaming Revenue
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.
Court:
Eighth Circuit BAP Approves the Amount of Bifurcated Fees Paid After Filing
Courts are continuing to grapple with bifurcated fee arrangements allowing chapter 7 debtors to pay the entire fee after filing.
Court:
Courts Are Now Split on Whether a Subchapter V Debtor Must Be ‘Currently’ Engaged in Business
Debts acquired from running a business do not qualify someone for subchapter V of chapter 11 if the business has terminated and the assets are gone, according to Judge Cynthia Norton.
‘Doing Everything Possible’ Can Result in Cutting a Fee Request, Judge Thad Collins Says
An oversecured lender may not be entitled to a fee allowance from the estate that a private client might be willing to pay.