New EOUST Director Discusses the Path to Her Position, Tackling Current Challenges and What Lies Ahead
New EOUST Director Discusses the Path to Her Position, Tackling Current Challenges and What Lies Ahead T ara Twomey was appointed director of the Executive Office for U.S. Trustees (EOUST) on Feb. 27, 2023. She was previously executive director of the National Consumer
Ninth Circuit: State Law Can’t Require More than What Rule 3001 Requires for Claim Validity
Reversing the BAP, the Ninth Circuit (erroneously) holds that state law cannot demand more documentation for a proof of claim than Bankruptcy Rule 3001 requires for prima facie validity.
Discharge Isn’t an Automatic Bar to Conversion from ‘7’ to ‘13’
A district court opinion from Michigan raises the question of whether the Supreme Court’s decision in Marrama is still good law after Law v. Siegel.
Benchnotes January 2024
Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo BAPCPA Did Not Abrogate Absolute-Priority Rule in Chapter 11 Cases Hon. Peter D. Russin of the U.S. Bankruptcy Court for the Southern District of Florida recently ruled that the absolute-priority
‘13’ Debtors May Bifurcate Mortgages that Mature Before the Final Plan Payment
The Ninth Circuit BAP says that a later valuation can make a debtor eligible for chapter 13 when the original schedules meant ineligibility.
Even Without Personal Liability, a Mortgage on a Debtor’s Property Is a ‘Claim’
The ‘broad’ definition of ‘claim’ by the Supreme Court in Johnson led Judge Huennekens to hold that in rem rights against a debtor’s property give rise to a ‘claim.’