Tenth Circuit: Debtors Retain Appreciation in a Home Sold Before Conversion to ‘7’
The Tenth Circuit left an unanswered question: Do debtors retain post-filing appreciation in a home that is not sold before the case converts from chapter 13 to chapter 7?
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Benchnotes March 2022
Journal Issue:
Rochelle’s Rocky Mountain Case Law Update
Taking Yes for an Answer: Emerging Issues in Assumption, Rejection and Cure in a Post-Pandemic World
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Eleventh Circuit Takes Sides on Circuit Split by Upholding the 2018 Increase in U.S. Trustee Fees
On an issue the Supreme Court will decide this spring, the Eleventh Circuit broke the tie among the circuits by finding no unconstitutional lack of uniformity when the 2018 increase in U.S. Trustee fees was not immediately applicable in two states with Bankruptcy Administrators.
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Another District Judge Emphatically Rejects a Plan with Non-Debtor Third-Party Releases
A district judge in Virginia holds that third-party, non-debtor releases must be approved by district judge under Stern and must comply with the strictures of Federal Rule 23.
O-I Glass Subsidiary Paddock Enterprises, LLC Files Chapter 11 Plan and Disclosure Statement
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Supreme Court to Resolve Circuit Split on the 2018 Increase in U.S. Trustee Fees
The Supreme Court granted certiorari to decide whether the 2018 increase in U.S. Trustee fees violated the Bankruptcy Clause because it was not immediately applicable in two states with Bankruptcy Administrators.
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