Proceeds from Sales of Cryptocurrencies Held to Be ‘Income’ for CMI Analysis
North Carolina’s Judge McAfee distinguishes between sales of personal assets and sales of investment assets in deciding whether proceeds are derived from ‘income’ and must be included in the current monthly income analysis.
The Separate-Filings Rule Is Neither Practical nor Equitable for Debtors or the Estate
The Separate-Filings Rule Is Neither Practical nor Equitable for Debtors or the Estate By Edward Boltz The separate-filings rule is often described as the most technically precise approach to allocating joint tax refunds between spouses in bankruptcy — yet precision is
A Disappointed Bidder Didn’t Have Prudential Standing in a Chapter 7 Case
In a chapter 7 case, a disappointed bidder wasn’t required to show Article III standing but was still required to demonstrate prudential standing as falling within the class of persons protected by Section 363.
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.
Sale of a Debtor’s Claim Was Champertous and Void, Fifth Circuit Says
Selling a debtor’s claims must be structured to avoid champerty under state law.
Benchnotes May 2025
Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo 1 Priority Wage Claims Must Be Counted for Sub V Eligibility, Even if Paid Post-Petition In a case of first impression, Hon. Eduardo V. Rodriguez of the U.S. Bankruptcy Court for the Southern
Chapter 13 Debtors Can’t Sell Co-Owned Property Under Section 363(h)
On a question where the courts are split, Bankruptcy Judge Pamela McAfee sides with the majority and holds that a chapter 13 debtor can’t sell co-owned property.