BAP Decision Highlights Procedural Questions Surrounding ‘Personal Injury Tort’ Claims
Even under a narrow test requiring bodily injury, a domestic abuse claim is a ‘personal injury tort claim,’ BAP says.
No Substitutes for a Stay Pending Appeal to Avoid Mootness of a Sale Order
The appeal involved the sale of defensive appellate rights but wasn’t grounds for the decision by the Eighth Circuit.
Debtor Not Compelled to Arbitrate Automatic Stay or Discharge Violations
A district court in Minnesota left the door open for sometimes compelling debtors to arbitrate claims arising in a bankruptcy case.
Receipt of a Chapter 7 Discharge Doesn’t Preclude Conversion to Chapter 13
Small state exemptions mean that some low-income debtors can lose their homes in chapters 7 and 13 if there is equity.
Judicial Estoppel Barred the Debtor from Filing an Undisclosed ‘PI’ Claim, Circuit Says
Eighth Circuit holds that a chapter 13 debtor, not the trustee, has standing to bring personal injury claims.
Judges Plead with Congress to Fix the Mess Created by Lamie
Sitting en banc, three judges in St. Louis effectively barred bifurcated fee arrangements in the Eastern District of Missouri.
Offensive Appellate Rights May Be Sold, but Maybe Not Defensive Appellate Rights
State laws differ on whether defensive appellate rights are estate property that may be sold.
Another Circuit Says Creditors Take Appreciation When a ‘13’ Case Converts to ‘7’
The Eighth Circuit aligned with the Ninth Circuit by holding that postpetition appreciation in a home belongs to creditors when a chapter 13 case converts to chapter 7.
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.
Courts Split on Plan Amendments Requiring Substantial, Unanticipated Changes
Eighth Circuit BAP ‘at a minimum’ requires substantial changes in financial condition for a debtor to modify a confirmed chapter 12 plan.