Top Ten Supreme Court Cases on Bankruptcy of All Time (And Four Honorable Mentions) Part IV of IV

By M. Jonathan Hayes

Butner v. United States, 440 U.S. 48 (1979)

Issue: When determining the rights of lienholders, should the bankruptcy court look to state law or may it use a “federal rule of equity”?

Holding: State law governs “unless some federal interest requires a different result.”
Justice John Paul Stevens for the unanimous court.

Comment: The dispute here was between a chapter 7 trustee and a lienholder over who had the right to the rent collected on a certain piece of real property. The Supreme Court ignored all of the state law issues . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Related Articles

August 8, 2021
By Henry E. Hildebrand, III, Chapter 13 Trustee, Middle District of TN (Nashville) Chapter 13 trustee is not compelled to return the percentage fee taken from a Chapter 13 case when the case is dismissed prior to confirmation. Harmon v. McCallister, 2021 WL 3087744 (9th Cir. BAP July 20, 2021) (Gan) Case Summary Douglas and Christine Harmon filed a Chapter...
Members
gendron-1
April 2, 2023
Section in 109(g)(2) of the Bankruptcy Code bars a debtor from filing a new case for 180 days if the Debtor voluntarily dismisses a case “following” a motion for relief. Not surprisingly, courts are split on how they interpret the word “following” as used in § 109(g)(2). After all, the word “following” is not limited to one definition, or even...
Members
October 25, 2020
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Part V – Consumer Foreclosure Procedures (Continued) Introduction In the world of consumer bankruptcy, trustees and debtors' counsel often are uncomfortable with the rules in Article 9 of the Uniform Commercial Code (UCC). In this space, we have looked at several places where Article 9 meets the Bankruptcy Code. In...
Members
May 9, 2021
By Matthew D. Resnik, Resnik Hayes Moradi, LLP (Encino, CA) In Bobka v. Toyota Motor Credit Corporation (In re Bobka), 968 F.3d 946 (9th Cir. August, 2020), the chapter 7 debtor wanted to retain her leased Toyota. Toyota sent her an "assumption agreement" which she signed and returned to Toyota the day before she received her discharge. By then she...
Members
August 11, 2019
Summertime activities often affect the tax returns people file the following year. Here are some things taxpayers do during the summer along with tips they should consider now: Getting married. Newlyweds should report any name change to the Social Security Administration. They should also report an address change to the United States Postal Service, their employers, and the IRS. This...
Copy of Hildebrand-2016
September 3, 2023
To pay present value to a secured creditor, a reorganization plan may start with a treasury rate and add a risk factor and need not start with a prime rate plus a risk factor.
Members
January 10, 2021
By Rachel Jones, Staff Attorney to Chapter 13 Standing Trustee Chris Micale, Western District of Virginia (Roanoke) The events of 2020 have had a devastating impact on the very low-income population. The working poor are struggling, particularly those working in sectors such as hospitality and tourism. State and Federal funding and local programs such as food banks and community action...
dunn
June 25, 2023
Retired United States Bankruptcy Judge Randall (Randy) Lawson Dunn, District of Oregon, died at home on June 7, 2023.
December 20, 2020
By Robert S. Thomas, II,1 Chapter 13 Standing Trustee for the District of Maryland (Baltimore) All stakeholders strive to make the Chapter 13 program efficient and beneficial to all parties. The Chapter 13 program has evolved over the years to better serve debtors and creditors. This is due in part because of the remarkable actions taken daily by our Bankruptcy...
September 12, 2021
By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 – Part 1 Escrow 101 – Part 3 Escrow 102 – Part 1 Escrow 102 – Part 2
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: