Supreme Court News
There are a number of bankruptcy cases on petition for certiorari in the Supreme Court including:
Viegelahn v. Harris (In re Harris), No. 14-400 (pet. for cert. filed Oct. 6, 2014). The Petitioner/Debtor challenges the Fifth Circuit ruling that funds paid into a plan but not yet distributed at the time of conversion should be distributed to creditors. Viegelahn v. Harris (In re Harris), No. 13-50374 (5th Cir. July 7, 2014) (disagreeing with In re Michael, 699 F.3d 305 (3d Cir. 2012)).
DeGiacomo v. Traverse (In re Traverse), No. 14-325 (pet. for cert. filed Sept. 16, 2014). The trustee appeals a finding by the First Circuit that he did not have the power to sell the debtor’s homestead where he avoided the primary lien on the residence but the debtor was current on the mortgage and her homestead exemption exceeded the value of the property. DeGiacomo v. Traverse (In re Traverse), No. 13-9002 (1st Cir. May 23, 2014).
Bullard v. Hyde Park Savings, No. 14-116 (pet. for cert. filed July 30, 2014); Gordon v. Bank of Amer., No. 13-1416 (pet. for cert. filed May 21, 2014). The issue presented in these cases is whether denial of confirmation is an interlocutory order not subject to appeal. Bullard v. Hyde Park Savings Bank, No. 13-9009 (1st Cir. May 14, 2014) Gordon v. Bank of Am., N.A. (In re Gordon), 743 F.3d 720 (10th Cir. 2014) (both finding order interlocutory).
Baker Botts v. ASARCO, No. 14-103 (pet. granted Oct. 2, 2014). Whether fees incurred by debtor's atty (petitioner), in connection with defending a fee award, are compensable as administrative expense from the debtor's bankruptcy estate under section 330(a). Baker Botts v. ASARCO, Nos. 12-40997, 12-40998, 13-40409 (5th Cir. Apr. 30, 2014)
Bank of America, N.A. v. Caulkett, No. 13-1421 (pet. for cert. filed May 23, 2014); Bank of America, N.A. v. Toledo-Cardona, Case No. 14-163 (pet. for cert. filed Aug. 13, 2014). These cases challenge the Eleventh Circuit’s finding in McNeal v. GMAC Mortg., LLC, 735 F.3d 1263 (11th Cir. 2012) pet. den. (May 20, 2014), that a wholly unsecured lien may be stripped in chapter 7. Earlier this year, the Court denied cert. in the case of Bank of America v. Sinkfield, No. 13-700, presenting the same issue, because it had not been fully litigated in the courts below. Caulkett, No. 14-10803 (11th Cir. Mary 21, 2014); Toledo-Cardona, No. 13-15855 (11th Cir. May 15, 2014).
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