In a Chapter 13 plan context, a trustee's objection/argument/requirement at confirmation hearing that would prohibit certain modifications to the plan (such as the so called Molina language,from...
On direct appeal from bankruptcy court, the Sixth Circuit vacated and remanded an order confirming a Chapter 13 plan after the Debtor amended to include her long-standing 401(k) contributions as...
Judge(s):
Clay, Larsen & Readler; Opinion by Larsen; Dissent by Readler
An oversecured creditor’s claim for postpetition default interest under § 506(b) should be computed at the rate—default or nondefault provided in the parties’ agreement, and should be...
Under the law governing law firms operating under the District of Columbia partnership law, hourly-billed matters are not property of the law firm, a former partner owes no continuing duty to the...
Shared-Responsibility payments (i.e., the individual mandate) under the pre-2017 version of the Affordable Care Act were not "excise taxes" entitled to priority treatment under 11 USC...
The bankruptcy court misapplied the standard for fraudulent intent under § 523(a)(2)(A) -- best articulated by our decision in Palmacci v. Umpierrez, 121 F.3d 781 (1st Cir. 1997) -- which it was...
BAP for 9th Cir. reversed ruling of bankruptcy court (D. Or.) and remanded. Debtor's silence, i.e., failure to disclose that he had obtained employment while procuring unemployment benefits was...
A trustee cannot use 11 USC 550(a) to "recover" fraudulently conveyed property or its value from a transferee if the transferee returned the property to the debtor pre-petition. Once fraudulently...
it is for the arbitrator—not (the court)—to decide whether Willis’s TILA claim is arbitrable. It is similarly the arbitrator’s province to resolve the inconsistent procedural terms....
Judge(s):
OWEN, Chief Judge, SMITH and DENNIS, Circuit Judges
On direct appeal, 5th Cir. reversed and remanded bankruptcy court (SD Tx.) ruling that class of noteholders were impaired by solvent debtor's chapter 11 plan that provided creditors with full...
