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May 2, 2016

Subjective Test Without Hindsight Employed to Determine Adequate Capitalization

Later bankruptcy is no proof of prior inadequate capitalization.

3rd Circuit ,

April 29, 2016

Eighth Circuit Ignores Supreme Court’s Loose Language in Harris

Clever debtor’s lawyer trots out Bankruptcy Act concepts but loses.

8th Circuit ,

Fourth Circuit Says Chapter 13 Can’t Reinstate Non-Default Rate on Home Mortgage

Bar to modification of a home mortgage trumps ability to cure in chapter 13.

4th Circuit ,

April 28, 2016

Involuntary Servitude Claim Raised in Involuntary Chapter 11

Did Congress make another constitutional mistake in BAPCPA?

9th Circuit , Washington , Washington Western District ,

April 27, 2016

Madoff Trustee Nearing His First Judgment after Seven Years of Litigation

Madoff’s ‘net winners’ have their backs against the wall in fraudulent transfer suits.

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

April 26, 2016

Courts Split on Standards Justifying Hardship Discharge

‘Catastrophic event’ not required for hardship discharge.

11th Circuit , Alabama , Alabama Northern District ,

April 25, 2016

Valuation Date Chosen to Avoid ‘Gamesmanship’

Early valuation aids a debtor in stripping off during an up market.

3rd Circuit , Delaware ,

April 22, 2016

Trustee Has No Private Right of Action for Debtor’s Failure to Cooperate

Discharge denial is enough sanction for a debtor who doesn’t cooperate with the trustee.

6th Circuit , Michigan , Michigan Eastern District ,

Courts Gravitating Toward Paying Lawyers on Chapter 13 Dismissals

Chapter 13 debtor lawyers are paid when cases dismiss rather than convert.

1st Circuit ,

April 21, 2016

Courts Split on Stripping Down Partially Commercial Mortgages

Buffalo case begs for circuit court ruling to set up a circuit conflict and cert petition.

2nd Circuit , New York , New York Western District ,