4th Circuit Jul 26, 2024

Split Fourth Circuit Panel Bars Use of Equity to Correct an Oversight in Retention

Quick Take The majority in the Fourth Circuit based a bright-line rule on the presence of the word ‘the’ in Section 327(a).
Administrative Expense Claims Professional Compensation/Fees Consumer Bankruptcy Business Reorganization
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9th Circuit Jul 26, 2024

Ninth Circuit Employs Equity to Avoid Following the Supreme Court’s Taylor and Schwab

Quick Take Claiming 100% of FMV didn’t enable debtors to exempt more than the statutory cap when there had been no objection to the exemption claim.
Asset Sales Plan Confirmation Consumer Bankruptcy Mortgage
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3rd Circuit New Jersey Jun 18, 2024

Tyler Applied Retroactively to Set Aside a Judgment of Tax Foreclosure

Quick Take Tyler was applied retroactively because the debtor’s efforts to set aside a tax foreclosure judgment were ‘in the pipeline’ when bankruptcy began.
Automatic Stay Fraudulent Transfers Valuation Consumer Bankruptcy Mortgage Business Reorganization Govt. Claims/Sovereign Immunity
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Jul 30, 2024

4th Cir.: David v. King- Former Trustee Has No Authority to Act Following Conversion, Including to Seek Compensation for Professionals

Technology
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Jul 30, 2024

E.D.N.C.: Walker v. LVNV-Iqbal/Twombley Do Not Apply to Affirmative Defenses

Technology
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10th Circuit Jul 11, 2024

BAP Holds that Nondischargeability for Actual Fraud Requires Justifiable Reliance

Quick Take The Tenth Circuit BAP inferred a requirement of justifiable reliance on nondischargeability for actual fraud.
Fraud Fraudulent Transfers Consumer Bankruptcy Insurance
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Jul 28, 2024

Celsius Bankruptcy Claw Back Adversary Proceedings in SDNY Bankruptcy Court

Technology
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Jul 28, 2024

Can You Buy Stock During Chapter 7 Bankruptcy?

Technology
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