Season 2 Episode 5 May 26

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This segment of Eye on Bankruptcy examines court opinions in consumer and commercial bankruptcy cases from March and April of 2016.  The topics covered during the show include:

  • the treatment of a debtor’s postpetition wages in the chapter 13 pre-confirmation dismissal context and the individual chapter 11 context;
  • the payment of administrative expenses in full prior to distributions to a secured mortgage lender in a chapter 13 case;
  • the application of section 1113 of the Bankruptcy Code to expired or non-executory collective bargaining agreements and section 365 of the Bankruptcy Code to gathering contracts in the oil and gas industry;
  • whether the federal bankruptcy rules or civil rules govern procedure in title 11 matters before a district court, a BAP has the power to issue a writ of mandamus, and an order approving a settlement under Bankruptcy Rule 9019 is final for purposes of appeal; and
  • issues concerning the discharge of hold harmless obligations under a divorce decree and student loan obligations in consumer bankruptcy cases.


  1. Chapter 13 Issues After Harris

Jeffrey P. White & Associates v. Fessenden (In re Wheaton), 2016 BL 118818
United Fin. Credit Union v. Maike (In re Maike), 2016 BL 109510
Meier v. Katz (In re Meier), 2016 BL 75164

  1. Executory Contract Issues

Unite Here Local 54 v. Trump Entm’t Resorts, Inc., cert. petition (and Third Circuit decision at 810 F.3d 161)
Bos v. Bd. Of Trs., 2016 BL 90949
In re Sabine Oil & Gas Corp., Bankr. SDNY, No. 15-11835, bench decision March 8, 2016)

  1. Jurisdictional Issues

Rosenberg v. DVI Receivables XIV, LLC, 2016 BL 110981
Ozenne v. Chase Manhattan Bank (In re Ozenne), 2016 BL 92841
Schaumburg Bank & Tr. Co. v. Alsterda, 2016 BL 65936

  1. Chapter 7 Discharge Issues

Collins v. Collins, 2016 BL 113469
Campbell v. Citibank, N.A., 2016 BL 92290
Johnson v. Educ. Credit Mgmt. Corp. (In re Johnson), 2016 BL 62250

  1. Notable Issues

Task Force Studying Individual Chapter 11 Issues
Utzman v. Suntrust Mortg., Inc., 2016 BL 62987