August 02, 2023
Circuits Are Now Split on Who Gets Appreciation in a Home When a ‘13’ Converts to ‘7’
Splitting with the Tenth Circuit, the Ninth Circuit holds that chapter 13 debtors lose post-petition appreciation in a home if the case converts to chapter 7.
9th CircuitAugust 01, 2023
Ninth Circuit: Trial Subpoenas Can’t Compel Zoom Testimony More than 100 Miles Away
The court’s ability to compel trial testimony by video doesn’t eradicate the 100-mile limitation on issuance of trial subpoenas.
9th CircuitAugust 01, 2023
Government Asks the Supreme Court to Halt Consummation of Purdue’s Chapter 11 Plan
Rebuffed in the Second Circuit, the Solicitor General is asking the Supreme Court to stay issuance of the mandate that would allow Purdue Pharma to consummate its chapter 11 plan.
Supreme CourtJuly 31, 2023
Section 105(a) Doesn’t Give Rise to a Private Right of Action for Abuse of Process
With claims for abuse of process not available in a bankruptcy case, the offended party must pursue contempt or other sanctions created by the Bankruptcy Code, a California district judge says.
9th Circuit, California, California Central DistrictJuly 28, 2023
A Contract to Produce a TV Series Wasn’t a Personal Services Contract
Contracts with corporations aren’t likely to be personal services contracts.
2nd Circuit, New York, New York Southern DistrictJuly 27, 2023
All Future Liability on a Lease Counted for Subchapter V Eligibility
Future liability on a lease was counted as a liquidated, noncontingent debt in calculating whether the Subchapter V debtor had more than $7.5 million in debt.
4th Circuit, Virginia, Virginia Eastern DistrictJuly 26, 2023
Recoveries on Postpetition Tort Recoveries Do (Do Not) Belong to Creditors in ‘13’
Rather than invoking the best interests and disposable income tests for plan confirmation, the Eleventh Circuit may have departed from the statute by ruling that the ‘ability to pay’ gives postpetition tort claims to creditors in chapter 13.
11th Circuit, Alabama, Alabama Southern DistrictJuly 25, 2023
Section 959(a) Isn’t an Exception to the Barton Doctrine, 9th Circuit BAP Says
Section 959(a) doesn’t permit suing a trustee for breach of fiduciary duty outside of bankruptcy court.
9th CircuitJuly 24, 2023
Fifth Circuit Reaffirms ‘Person Aggrieved’ as the Standard for Appellate Standing
The Fifth Circuit declined to follow the Ninth Circuit in questioning ‘person aggrieved’ as being inconsistent with recent Supreme Court authority.
5th CircuitJuly 21, 2023
Ninth Circuit Won’t Give Pro Se Litigants Slack About Consent to Final Adjudication
Wellness International may have undercut prior Second Circuit authority giving pro se litigants a loophole for arguing there was no implied consent to final adjudication by an Article I judge.
9th Circuit