A Claim Objection Can Head Off Election of a Permanent Chapter 7 Trustee
A creditor can’t elect a trustee to pick its adversary in a lawsuit, Bankruptcy Judge Gunn says.
Objections to Priority Claims May Follow Confirmation of a Chapter 13 Plan
Confirming a chapter 13 plan on the assumption that a claim was entitled to priority didn’t bar the debtors from later objecting to the priority of the claim.
Time Limits for Effecting Service of Process Can Be Flexible, Eleventh Circuit Says
Under unusual circumstances, a two-year delay in completing service of process was not fatal in the Eleventh Circuit.
Issue and Claim Preclusion Didn’t Bar Challenging a Lien Previously Considered Valid
Newly applicable law permitted a chapter 13 debtor to cram down a lien that the debtor previously had considered to be valid.
Estate Claims Can’t Be Sold for Trivial Recovery by Unsecured Creditors
Had the purchaser of estate claims offered to waive its own unsecured claim, the sale might have been approved.
Texas Judge Disagrees with Second Circuit on Sanctions for Violating Rule 3002.1
Bankruptcy Judge Eduardo Rodriguez explained why the Second Circuit was wrong in ruling that violators of Rule 3002.1 are only liable for compensatory damages.