Circuits are split 2/1 on whether a debtor must have committed a securities law violation before a judgment is made nondischargeable under Section 523(a)(19).
Retired Judge Kressel wrote the opinion in 2000 relied on by the Eighth Circuit.
Circuit Judge Loken predicts the Supreme Court will abolish equitable mootness if the lower courts don’t cut back and start reviewing the merits of confirmed chapter 11 plans.
Federal law allows tribes to determine whether a tribe member’s interest in distributions of gaming revenue will be estate property in bankruptcy, Judge Ridgway says.
Courts are continuing to grapple with bifurcated fee arrangements allowing chapter 7 debtors to pay the entire fee after filing.
Debts acquired from running a business do not qualify someone for subchapter V of chapter 11 if the business has terminated and the assets are gone, according to Judge Cynthia Norton.
An oversecured lender may not be entitled to a fee allowance from the estate that a private client might be willing to pay.
Reclamation creditors no longer have liens or administrative claims if a secured lender sucks up all the value in reclaimed goods.
In the Bankruptcy Rules, a claim objection isn’t treated like a motion for all purposes, the Eighth Circuit says.
Global warming claims were discharged even though the chapter 11 plan did not discharge claims under environmental laws.