Eleventh Circuit Narrowly Reads a State Fee-Shifting Statute
The lawsuit was under federal law, not state law, even though Section 544(b)(1) incorporated state fraudulent transfer law.
BAP Gives Post-Petition Appreciation to Chapter 7 Estate on Conversion from Chapter 13
In a rising real estate market, chapter 13 debtors risk losing their homes if they sell or convert to chapter 7.
‘Person Aggrieved’ for Appellate Standing Test May Have Died, but May Be Resurrected
Sixth Circuit judges wrote 17 pages of dicta to muse on whether the ‘person aggrieved’ test for appellate standing died with the adoption of the Bankruptcy Code but remains good law under the ‘zone-of-interests’ test.