August 14, 2024
Preserving Defensive Setoff Rights Doesn’t Require Filing a Claim, Judge Glenn Says
Defensive setoff rights are not discharged by chapter 11 confirmation, even when no proof of claim was filed.
2nd Circuit, New York, New York Southern DistrictAugust 13, 2024
Denial of a Debtor’s Motion to Dismiss a Petition Isn’t Appealable, Second Circuit Says
In practical effect, the Second Circuit’s opinion means that a chapter 7 debtor may never appeal denial of a motion to dismiss a petition.
2nd CircuitAugust 12, 2024
Supreme Court’s Jarkesy Opinion Clarifies Granfinanciera on Jury Trial Rights
A Supreme Court nonbankruptcy decision means there is no right to a jury trial in the claims-allowance process in bankruptcy.
Supreme CourtAugust 09, 2024
Nondischargeability Is a ‘Thing’ for Corporate Subchapter V Debtors, Judge Thorne Says
The tide is turning against corporate Sub V debtors. Two bankruptcy judges now side with two circuits in holding that debts of corporate debtors can be nondischargeable.
7th Circuit, Illinois, Illinois Northern DistrictAugust 08, 2024
Circuit Says Retaining Jurisdiction Not Required to Impose Fees Under Section 303(i)
Motions for fees must be made within 14 days of the entry of judgment.
1st CircuitAugust 07, 2024
Fifth Circuit Tells Us What Ritzen and Travelers Mean and Don’t Mean
To revisit denial of a lift-stay motion, the prior order denying modification of the stay isn’t required to say ‘without prejudice.’
5th CircuitAugust 06, 2024
A Decision About What’s Equitable Is Difficult to Overturn on Appeal, Circuit Says
The district court shouldn’t have substituted its own judgment for the bankruptcy court’s conclusion about what’s equitable, Tenth Circuit says.
10th CircuitAugust 05, 2024
A Bankruptcy Case on Rule 60(b) Could End Up in the Supreme Court Next Term
Deciding a bankruptcy appeal, the Sixth Circuit deepened an existing circuit split on time limitations for Rule 60(b)(4) motions.
6th CircuitAugust 02, 2024
Split Fourth Circuit Panel Bars Use of Equity to Correct an Oversight in Retention
The majority in the Fourth Circuit based a bright-line rule on the presence of the word ‘the’ in Section 327(a).
4th CircuitAugust 01, 2024
Ninth Circuit Employs Equity to Avoid Following the Supreme Court’s Taylor and Schwab
Claiming 100% of FMV didn’t enable debtors to exempt more than the statutory cap when there had been no objection to the exemption claim.
9th Circuit