Fifth Circuit Invalidates Local Chapter 13 Plan Regarding Tax Refunds
Below median debtors are no longer required to turn over tax refunds in excess of $2,000.
Court:
Two Bankruptcy Judges Address Splits on Two Major Preference Issues
Does Rule 9006(a) expand the 30-day window for perfection, and can perfection be “substantially contemporaneous” even if perfection occurs after 30 days?
Two Circuits Agree: Coal Act Doesn’t Bar Terminating Retiree Benefits via Section 1114
Fifth Circuit declines to create a circuit split on the ability of a coal producer to sell assets and protect the buyer from liability for retiree health benefits under the Coal Act.
Court:
Increasingly Popular SBRA Permits Restructuring Personal Guarantees of Corporate Debt
More than 600 cases have already been filed under the SBRA since subchapter V of chapter 11 became effective in February.
Government Notches 4 Victories, Debtors Win Once, in Fights over PPP ‘Loans’
Government often wins by arguing that the Small Business Act prohibits injunctions forcing the SBA to consider granting ‘PPP’ loans without regard to whether the applicant is a chapter 11 debtor.
Court:
Fifth Circuit Bars Debtors from Receiving ‘PPP’ Loans Under the CARES Act
In a rapid-fire appeal, the Fifth Circuit ruled that the Small Business Act bars bankruptcy courts from enjoining the SBA.
Court:
Fifth Circuit Bans Molina Provisions in Chapter 13 Plans
Court cannot impose a nonstatutory provision on a chapter 13 ‘full payment’ plan that restricts the debtor’s right to modify a confirmed plan.
Court:
Houston Judge Rejects the Jay Alix Protocol, Allows Retention Under Section 327(a)
Bankruptcy Judge David Jones finds the Jay Alix Protocol to be ‘completely unnecessary.’
Houston Judge Enjoins SBA from Excluding Bankrupt Companies from PPP Loans
Judge David Jones found no basis in the Cares Act for precluding chapter 11 debtors from receiving PPP “loans” that the company isn’t required to repay.
‘Triggering’ Creditor’s Claim Need Not Be Static Under Section 544(b)(1)
Judge Isgur applies heightened pleading standard to a complaint for fraudulent transfer with actual intent.