1) Under the Rooker-Feldman doctrine, a state-court judgment creditor is not guaranteed an allowed claim for the state-court judgment once the debtor files for bankruptcy relief. The state court...
An exception from discharge under § 523(a)(2)(B) was warranted where the debtor provided written financial statements that omitted certain debts that—if disclosed—would likely have...
Although a confirmed plan can discharge the liability of a nondebtor guarantor, it can limit a creditor’s claim against a nondebtor guarantor by determining the source and value of payments to be...
The “carve-out” provision of a cash collateral order of the sort ordinarily meant to assure payment of professionals’ fees will be interpreted according to its plain terms, and will not be...
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...
A reclamation claim made under UCC § 2-702 and 11 U.S.C. § 546(c) does not give rise to a purchase money security interest, and is inferior to a previously perfected floating lien on the assets...
Legal fees in a contingent fee case are earned over the duration of that case, not upon merely receipt of funds; therefore, an Oklahoma state law exemption protecting 75% of professional service...
The doctrine of sovereign immunity does not preclude a sale of real property under § 363(f) free and clear of an easement across such property that existed in favor of a political subdivision of...
Reaffirming its commitment to the Brunner test to determine the dischargeability of student loans, the Fifth Circuit affirmed the lower courts’ refusal to discharge a chapter 7 debtor’s student...
The bankruptcy court did not abuse its discretion by imposing a $25,000 saction against an attorney for failure to disclose compensation received as required by 11 USC 329 and Fed. R. Bankr. P....
