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November 9, 2016

PROMESA’s and Bankruptcy Code’s Automatic Stay Are Similar, Not Identical

Temporary diversion of collateral doesn’t require ‘adequate protection,’ Puerto Rico Judge says.

1st Circuit , Puerto Rico ,

November 8, 2016

Ninth Circuit Now Requires Paying Default Interest to Cure a Default

Divided panel holds that Section 1123(d) overruled Entz-White.

9th Circuit ,

Bankruptcy Judge Reads Husky Narrowly on Dischargeability for Fraud

For nondischargeability under Section 523(a)(2)(A), a fraudulent transfer must give rise to the debt, not occur beforehand.

11th Circuit , Florida , Florida Northern District ,

November 7, 2016

Disallowing a Claim Worth $300 Saddled Creditor with $14,400 in Attorneys’ Fees

California’s fee-shifting law punishes an auto lender for filing a claim that was disallowed.

9th Circuit ,

Supplier Has No 20-Day Priority Against Partner for Goods Sold to Partnership

Uniform laws bar administrative claims against general partner under Section 503(b)(9).

5th Circuit , Mississippi , Mississippi Northern District ,

November 4, 2016

Debtor May Not Benefit from His Own Fraudulent Transfer

Exemption cannot be claimed in a home recovered as a fraudulent transfer.

5th Circuit , Texas , Texas Southern District ,

November 3, 2016

Accelerating Final Payoff Doesn’t Permit Modifying a Home Mortgage

Debtor’s clever strategy to prepay a mortgage didn’t invoke Section 1322(c)(2).

5th Circuit , Texas , Texas Southern District ,

November 2, 2016

Need for Multinational Corporate Insolvency Law Shown in China Fishery Decision

Judges must use patchwork approach when handling a huge, multinational debtor.

2nd Circuit , New York , New York Southern District ,

November 1, 2016

Chapter 13 Stretches Out the Time for Redeeming Pawned Property

Real estate foreclosure and pawn transactions aren’t the same, Georgia judge says.

11th Circuit , Georgia , Georgia Middle District ,

October 31, 2016

Creditor with Scheduled Claim Still Must File a Proof of Claim in Chapter 13

Ninth Circuit finds no loopholes in chapter 13’s claim-filing requirement.

9th Circuit ,