July 01, 2021
Judge Sontchi Cuts Off U.S. Trustee Fees on Confirmation of a Chapter 11 Plan
Closing a chapter 11 case after confirmation to avoid U.S. Trustee fees won’t be necessary if the ruling by Judge Sontchi holds up.
3rd Circuit, DelawareJune 30, 2021
Concurrence Doubts Ninth Circuit Precedent Barring a Creditor from Enforcing the Stay
Two judges appointed to the Ninth Circuit by President Trump disagree about the ability of a creditor to enforce the automatic stay for its benefit or to protect the estate.
9th CircuitJune 29, 2021
Supreme Court Majority Deals a Blow to Enforcement of Consumer Protection Laws
Supreme Court narrows Spokeo by holding that violation of a statute won’t always give rise to standing and the right to sue for damages.
Supreme CourtJune 28, 2021
Judgment for Sexual Discrimination Automatically Made the Debt Nondischargeable
Although the arbitrator didn’t explicitly find willful and malicious injury, the nature of a successful claim for sexual discrimination supplied the required findings for nondischargeability.
9th CircuitJune 25, 2021
Eighth Circuit BAP Approves the Amount of Bifurcated Fees Paid After Filing
Courts are continuing to grapple with bifurcated fee arrangements allowing chapter 7 debtors to pay the entire fee after filing.
8th CircuitJune 24, 2021
The Pleading and Proof Required for Claims Against a Subsequent Transferee
Read Judge Grossman’s opinion as though it were a final exam question to see how many issues you spot and whether you come up with the correct answers.
2nd Circuit, New York, New York Eastern DistrictJune 23, 2021
Judge Glenn Explains When Structured Dismissals and Comfort Orders Are Ok
Jevic didn’t ban structured dismissals when there is no violation of the rules of priority and the alternatives would create greater administrative insolvency.
2nd Circuit, New York, New York Southern DistrictJune 22, 2021
Utah Judge Engrafts Flexibility onto the Countryman Definition of Executory Contracts
Rooker-Feldman and other principles can bar rejection of a contract even if it’s ‘executory.’
10th Circuit, UtahJune 21, 2021
Standards Laid Down for Bifurcated Fee Arrangement in the Southern District of Florida
Local or state bar groups should work up standard-form retainer agreements and disclosures to facilitate bifurcated fee arrangements.
11th Circuit, Florida, Florida Southern DistrictJune 18, 2021
Barton Protection Ends When the Bankruptcy Case Closes, Eleventh Circuit Says
Eleventh Circuit splits with four other circuits by holding that the Barton doctrine doesn’t protect trustees once the bankruptcy is over.
11th Circuit