BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
‘Stay and pay’ may not be permissible, but the remedies can be toothless.
Eleventh Circuit Requires No Objection to Overturn a Final Confirmation Order
Split decision allows a lender to take property out of an estate automatically.
Court:
Inventory Liens Always Prevail over Reclamation Claims, Indianapolis Judge Says
BAPCPA amendments were a mess but cleaned up one issue on reclamation, according to Judge Graham.
Missed It by That Much
Journal Issue:
Goods Delivered Directly to a Debtor’s Customers Never Qualify for 503(b)(9)
Judge Shannon writes an important decision for the era of ecommerce.
Court:
Receipt under Section 503(b)(9) Occurs on Physical Possession, Third Circuit Holds
Third Circuit aids suppliers because ‘receipt’ can occur after ‘delivery.’
Court:
Means Test Applies in a Chapter 7 Case Converted from Chapter 13, Circuit Rules
Eleventh Circuit relies on the ‘evolution’ of Section 707(b) to proscribe an evasion of the means test.
Court:
Third Circuit Joins the Majority in the Split Over Late-Filed Tax Returns
Circuit split widens on an issue the Supreme Court has been ducking.
Court:
Courts Split on Allowing Credit Counseling on the Same Day but After Filing
Judge follows statutory language that didn’t achieve the result Congress intended.