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    Sabine Lives On (and On): Bankruptcy Court Rejects Immediate Appeal to Second Circuit and Motion for Stay
    2016-07-04

    Editor’s Note: On June 16, 2016, The Bankruptcy Cave gave you our summary of the controversial Sabine decision. At that time, post-hearing motions were pending.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debtor, Interest, Gambling, Supreme Court of the United States, Second Circuit, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Craig K. Schuenemann
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Chapter 13 Trustee Must Return Funds to Debtor Following Dismissal of Case
    2016-07-05

    What happens to funds held by a Chapter 13 trustee (the “Trustee”) in the event that a Chapter 13 debtor dismisses her case voluntarily? That’s the question that was addressed by the United States Bankruptcy Court for the Eastern District of Michigan (the “Court”) in a recent opinion.1

    In this case, the Chapter 13 debtor (the “Debtor”) owned a residence with significant equity. The Court confirmed a plan pursuant to which the Debtor would retain her residence and make monthly payments to the Trustee in the amount of $8,500.75 for 60 months.

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Foster Swift Collins & Smith PC, Debtor, Unsecured debt, Motion to compel, Default (law), Default (finance), Voluntary dismissal, Title 11 of the US Code, Trustee, Supreme Court of the United States, United States bankruptcy court, US District Court for Eastern District of Michigan
    Authors:
    Patricia J. Scott
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    Germeraad v. Powers
    2016-06-24

    (7th Cir. June 23, 2016)

    The Seventh Circuit reverses the bankruptcy court, concluding that the bankruptcy code permits modification of a confirmed Chapter 13 plan based on increased income post-confirmation. While the code does not expressly permit modification on this basis, other courts have permitted this. The trustee had filed a motion to increase the debtors’ plan payments based on an alleged $50,000 post-confirmation increase in the debtors’ annual income. Opinion below.

    Judge: Adelman

    Attorney for Debtor: Eugene Wedoff

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, United States bankruptcy court, Seventh Circuit
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    In re Jude
    2016-06-27

    (E.D. Ky. Bankr. June 24, 2016)

    In this Chapter 13, the bankruptcy court rules on the objection to confirmation and finds that the creditor’s expert’s valuation of the debtor’s mobile home was more reliable than the valuations provided by the debtor’s experts. The creditor’s expert testimony was not hearsay, as it was reasonable for the expert to rely on information about the particular mobile home model provided by the manufacturer. The debtor’s experts failed to obtain knowledge of the particular model before determining their values. Opinion below.

    Judge: Schaaf

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Debtor, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Judge Tosses Bad Faith Involuntary Filing Primarily Seeking Management Change
    2016-06-28

    An involuntary petition under chapter 7 of the Bankruptcy Code filed against a Mississippi casino developer was dismissed for bad faith, even though the petitioning creditors met the statutory requirements for filing the involuntary case. In In re Diamondhead Casino Corporation, the U.S.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bad faith, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Debora Hoehne
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    According to One Bankruptcy Court, the “Wrangle Over Executoriness May be a Tale ‘Full of Sound and Fury, Signifying Nothing’”
    2016-06-23

    On June 14, 2016, Judge Thuma of the Bankruptcy Court for the District of New Mexico issued a memorandum opinion holding that a debtor could reject a prepetition settlement agreement that was determined to be executory in nature.

    Filed under:
    USA, New Mexico, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Memorandum opinion, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Maryland Federal Court Allows Bank to Recover Allegedly Unauthorized Advances on Frozen HELOC
    2016-06-23

    Reversing a bankruptcy court order in favor of the debtor, the U.S. District Court for the District of Maryland recently held that a bank that had allowed amounts to be withdrawn from a home equity credit line after the HELOC had been frozen could still recover those amounts from the debtor.

    A copy of the opinion is available at:  Link to Opinion.

    Filed under:
    USA, District of Columbia, Family, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Bankruptcy, Debtor, Breach of contract, Line of credit, United States bankruptcy court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Tomlin v. The Bank of New York Mellon (In re Tomlin)
    2016-06-24

    (Bankr. E.D. Ky. June 23, 2016)

    The bankruptcy court applies Kentucky’s borrowing statute, KRS § 413.320, to determine the applicable statute of limitations for the debtor’s defamation, breach of contract, and fraud claims. The court analyzes where each claim accrued and dismisses some but not all of the debtor’s claims. Opinion below.

    Judge: Wise

    Attorney for Debtor: Dann Law Firm, Brian D. Flick

    Attorney for Defendants: Christopher M. Hill, John R. Wirthlin, Frost Brown Todd LLC, Patricia K. Burgess, Stephanie Smiley

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Breach of contract, Statute of limitations, Bank of New York Mellon, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Settle with Caution: Excess Insurers May Have an Additional Coverage Defense
    2016-06-20

    Ever since the U.S. Court of Appeals for the Second Circuit decided Zeig v. Mass. Bonding & Insurance Co. in 1928, it has been well-settled that a policyholder can compromise a disputed claim with its insurer for less than the full limits of the policy without putting its rights to excess coverage at risk.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Pillsbury Winthrop Shaw Pittman LLP, Surety, Liability (financial accounting), Second Circuit, United States bankruptcy court
    Authors:
    Janine Stanisz
    Location:
    USA
    Firm:
    Pillsbury Winthrop Shaw Pittman LLP
    Do Bankruptcy Courts Have Jurisdiction Over Out-of-the-Money Claims Disputes?
    2016-06-21

    Claims disputes are “core proceedings” in bankruptcy cases that are subject to the general jurisdiction of bankruptcy courts, subject to exceptions for personal injury tort or wrongful death claims. Under 28 U.S.C.

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Wrongful death claim, United States bankruptcy court
    Authors:
    Scott Bowling
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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