September 21, 2022
When disbursement depends on subsequent court approval, the transfer still occurs beforehand when the deposit was made in custodia legis.
September 12, 2022
Not reaching the merits, the Ninth Circuit nonetheless vacated a BAP decision because the case became moot during the appeal.
September 7, 2022
Affirming the bankruptcy court, the Sixth Circuit BAP won’t exempt proceeds from the prepetition sale of a home, even though the proceeds were identifiable and in escrow.
September 1, 2022
The Third Circuit opinion by Thomas Ambro explained that the ‘close nexus’ test does not apply when a post-conformation dispute is ‘core’ or entails enforcing a court order.
August 30, 2022
Reversing the bankruptcy court, a district court says that renewing a title loan before filing might bar confirmation of a chapter 13 plan.
August 22, 2022
In fee allowances, considering ‘results obtained’ survived the 1994 amendments to Section 330(a).
August 16, 2022
The Seventh Circuit doesn’t accept a debtor’s asset schedules as gospel in deciding whether there is appellate standing.
August 11, 2022
Surprisingly, no court had previously ruled on whether a golf cart can be exempt.
August 8, 2022
The First Circuit BAP suggests that invocation of the borrower defense with regard to dischargeability of student loans requires exhaustion of administrative remedies in the Department of Education.
August 5, 2022
The Ninth Circuit again questions the Supreme Court’s ‘atextual’ analysis of Section 523(a)(7).