Rochelle's Daily Wire

Sitting en banc, three judges in St. Louis effectively barred bifurcated fee arrangements in the Eastern District of Missouri.

State laws differ on whether defensive appellate rights are estate property that may be sold.

The Eighth Circuit aligned with the Ninth Circuit by holding that postpetition appreciation in a home belongs to creditors when a chapter 13 case converts to chapter 7.

Now a circuit judge, a former bankruptcy judge makes quick work of a troublesome issue about property of the estate.

The Treasury rate and prime rate are both proper starting points for pegging post-petition interest rates, but starting with Treasurys requires a larger risk premium.

In a rising real estate market, chapter 13 debtors risk losing their homes if they sell or convert to chapter 7.

Eighth Circuit BAP ‘at a minimum’ requires substantial changes in financial condition for a debtor to modify a confirmed chapter 12 plan.

In Section 522(b)(3), Congress made sure that ‘retirement funds’ are exempt in bankruptcy even if they aren’t exempt in states that don’t permit federal exemptions.

Courts are deeply split on a chapter 13 debtor’s ability to keep the appreciation in an exempt home, whether or not the case converts to chapter 7.

The Bankruptcy Rules for serving a summons and complaint are not jurisdictional, Eighth Circuit says.