May 05, 2021
Persistent Misbehavior Allows the Court to ‘Bend’ Strict Statutory Language, Circuit Says
First Circuit won’t allow a debtor to dismiss and avoid the consequences of abusive conduct.
1st CircuitMay 04, 2021
Once Repudiated, a Contract Is No Longer Executory
Courts disagree on whether a repudiated contract remains executory.
5th Circuit, Texas, Texas Southern DistrictMay 03, 2021
Another Circuit Upholds the 2018 Increase in U.S. Trustee Fees
Dissenters in the Fourth and Fifth Circuits evidently believe that the dual U.S. Trustee/Bankruptcy Administrator system is unconstitutional.
4th CircuitApril 30, 2021
Just Asking for Confirmation from a Data Furnisher Won’t Bar an FCRA Suit, Circuit Says
A jury should decide whether a credit-reporting agency was negligent by not examining court records to determine whether a debt had been discharged.
11th CircuitApril 29, 2021
Unusual Facts Permit Selling Property Free and Clear of Judicial Liens
Long Island’s Judge Grossman explores the intricacies of selling property free and clear for less than the amount of liens.
2nd Circuit, New York, New York Eastern DistrictApril 28, 2021
First Circuit Liberally Interprets the Police and Regulatory Stay Exception
The appeals court reviews the ‘totality of the circumstances’ when government action has elements of both regulatory enforcement and furtherance of the state’s pecuniary interest.
1st CircuitApril 27, 2021
Corporations Are More Likely Eligible for the SBRA than Owners of Defunct Businesses
Utah’s Judge Thurman says that a corporation liquidating its remaining assets is engaged in business ‘activities’ and is therefore eligible for Subchapter V.
10th Circuit, UtahApril 26, 2021
Faulty Pleading Resulted in Dismissal of a Suit by an ‘Unknown’ Creditor
Third Circuit dicta suggests that failure to create a trust is constitutionally deficient and won’t discharge claims of ‘unknown’ creditors in a chapter 11 plan.
3rd CircuitApril 23, 2021
Hotel Isn’t ‘Single Asset Real Estate’ and Is Eligible for Subchapter V Reorganization
Apartment buildings are single asset real estate, but hotels aren’t, says Orlando’s Bankruptcy Judge Karen Jennemann.
11th Circuit, Florida, Florida Middle DistrictApril 22, 2021
New York Judge Declines (for Now) to Enforce an Indonesian Plan in the U.S.
Manhattan’s Bankruptcy Judge Sean Lane requires a record in the foreign proceeding showing that third-party releases are in accord with foreign law.
2nd Circuit, New York, New York Southern District