Rochelle's Daily Wire

The First Circuit applied the ‘collateral order doctrine’ to allow an appeal by the government when a private party would be stuck with a nonappealable, interlocutory order.

When chapter 13 cases are converted to chapter 7 before confirmation, bankruptcy courts are split on whether the broad language in Harris v. Viegelahn bars chapter 13 trustees from paying administrative expenses incurred before conversion.

A chapter 11 plan may not impair the rights of a mortgage lender against a co-owner who is not in bankruptcy.

Revesting allowed chapter 13 debtors to retain property that was innocently undisclosed.

Motions for fees must be made within 14 days of the entry of judgment.

The circuits are split on whether a creditor has an ‘unfettered’ right to join as an involuntary petitioner.

Medicaid overpayments may be recovered as ‘recoupment’ while Social Security overpayments are attempted setoffs barred by discharge, Bankruptcy Judge Harwood says.

Violating a PACA trust does not result in ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable, Bankruptcy Judge Panos says, taking sides with the Eleventh Circuit.

The standard for defeating equitable disgorgement is lower than the proof required to fend off receipt of a fraudulent transfer.

Chapter 7 can be inaccessible for a married debtor living in the same household with a nonfiling spouse who has substantial income.