Is a Notice of Removal Filed in Bankruptcy Court Ok? Courts Are Split
Judge in Mississippi remands a suit to state court because the notice of removal was filed with the bankruptcy clerk, not the district court clerk.
BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
Congress may have intended to preclude ‘stay and pay,’ but it didn’t succeed.
Fifth Circuit Hints that Debtors May Retain Property for Recreation and Entertainment
Per curiam opinion shows that chapter 13 plans aren’t required to be punitive.
Fifth Circuit Joins Sister Circuits in Bestowing Qualified Immunity on Trustees
Qualified immunity kicks in when a trustee’s actions don’t qualify for absolute immunity.
Executory Contracts Are Automatically Rejected Even if Unscheduled, Fifth Circuit Holds
Fifth Circuit leaves the door open to preventing automatic rejection if the existence of an executory contract is intentionally undisclosed.
Sanctions Upheld Against ‘Nationwide’ Law Firm for Violating Section 526
Law firm suspended 90 days for multiple violations of rules of professional conduct.
Insurance Proceeds Are Estate Property, Sometimes
Claims exceeding policy limits convert insurance proceeds into estate property, Fifth Circuit holds.
Valuation of a Retained Mobile Home Does Not Include Delivery and Setup Costs
Fifth Circuit notches a victory for chapter 13 debtors retaining mobile homes.
Property that Lost Exempt Status Goes to the Chapter 13 Debtor on Voluntary Dismissal
Fifth Circuit Draws on Harris v. Viegelahn to revest all property in the chapter 13 debtor on dismissal.
Heightened Pleading Requirements Kick In on Nondischargeability for Fraud, Circuit Says
Merely pleading a false statement under oath won’t beat a motion to dismiss for failure to state a claim, Fifth Circuit says.