Ninth Circuit: State Law Can’t Require More than What Rule 3001 Requires for Claim Validity
Reversing the BAP, the Ninth Circuit (erroneously) holds that state law cannot demand more documentation for a proof of claim than Bankruptcy Rule 3001 requires for prima facie validity.
Discharge Isn’t an Automatic Bar to Conversion from ‘7’ to ‘13’
A district court opinion from Michigan raises the question of whether the Supreme Court’s decision in Marrama is still good law after Law v. Siegel.
Benchnotes January 2024
Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo BAPCPA Did Not Abrogate Absolute-Priority Rule in Chapter 11 Cases Hon. Peter D. Russin of the U.S. Bankruptcy Court for the Southern District of Florida recently ruled that the absolute-priority
The Transition to Virtual § 341 Meetings: Lessons Learned, and Looking Ahead
The Transition to Virtual § 341 Meetings: Lessons Learned, and Looking Ahead By Michael Bujold, Robert Gebhard, Patrick Layng, Krista Hale and Nicole Zollars Before the COVID-19 pandemic, with few exceptions, § 341 meetings of creditors 1 for chapter 7, 12 and 13 cases
State Law Lines Up with Federal Judicial Estoppel When Assets Aren’t Scheduled
Oregon Supreme Court allows substitution of a bankruptcy trustee as the real party in interest because denial would chiefly punish the debtor’s creditors.
Bankruptcy Courts Have Statutory Power to Remove Voided Liens
Bankruptcy Rule 7070, incorporating Federal Rule 70 along with 28 U.S.C. § 1655, gives bankruptcy courts power to remove liens of record when the lenders don’t do so voluntarily.
It’s Ok to Avoid a Fraudulent Transfer Even if It Makes the Debtor Solvent, Circuit Says
The Second Circuit found discretion to avoid a constructively fraudulent transfer of exempt property that would have enabled the debtor to pay her creditors in full.