Ninth Circuit Creates Split on Appellate Standard for ‘Consumer Debt’ Determination
Dissenter contends that the majority misread the circuit’s own precedent.
A Future Advance Clause Saved a Loan from Being Unperfected
Potential harm to the debtor is not a factor in deciding to avoid an unperfected lien.
Disposable Income Does Not Include Voluntary Retirement Plan Contributions
A chapter 13 plan is in good faith even if retirement plan contributions are 10 times more than payments to creditors.
Unclaimed Distributions Go to the Treasury, Not to Other Creditors, Judge Says
Tennessee judge changes a practice established in 1995 regarding unclaimed distributions.
Supreme Court Won’t Settle Circuit Split on Transfer to a Debtor’s Own Account
Fourth Circuit splits with the Ninth and Tenth on ‘what is a transfer?’
Circuits Split, Judge Teel Earmarks Collateral Surcharges for All ‘Admin’ Creditors
Law v. Siegel didn’t insulate professionals from disgorging interim fee awards.
No Statutory Fees for Standing Chapter 13 Trustees if Dismissal Precedes Confirmation
With no circuit authority, lower courts are split on the fate of standing trustees’ fees when a chapter 13 case is dismissed before confirmation.