A Trustee Receives Statutory Commissions Unless the Amount Is ‘Offensive’
A trustee’s commissions can’t be based on a percentage of disbursements to the trustee’s own counsel, so says a New Jersey district judge.
Bartenwerfer Doesn’t Apply if the Debtor Isn’t a Partner or Agent, Bankruptcy Judge Says
Bankruptcy Judge Klinette H. Kindred declined to expand Bartenwerfer by imputing fraud or larceny when the debtor wasn’t a partner or agent.
Inside ABI July 2023
President’s Column Subchapter V Task Force We can use all your help! Consistent with my primary initiative announced at my installation at the Annual Spring Meeting in April, the Subchapter V Task Force is off to the races (not the Kentucky Derby, I might add!). A
Legislative Highlights July 2023
Legislative Highlights Awaiting Decision of Supreme Court, Biden Vetoes Measure to Cancel Student Debt Relief President Joe Biden on June 7 vetoed a legislative measure (House Joint Resolution 45) that would have canceled his plan to forgive student debt, leaving the
Sixth Circuit Staunches the Spread of Equitable Mootness to Chapter 7
Two judges on the Sixth Circuit cast doubt on the validity of the doctrine of equitable mootness, even in chapter 11 reorganizations.
Supreme Court: The Bankruptcy Code Waived Tribes’ Sovereign Immunity
The Supreme Court resolved a split of circuits in an opinion that could give support to the notion that arbitration agreements are not enforceable in bankruptcy.
As if by Magic, Section 1412 Transforms an Improper Venue into a Proper Venue
A judge sitting in a proper venue may transfer venue to a district that was improper originally.
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.