December 15, 2022
Like Willful Violations, Technical Stay Violations Are Void, Not Just Voidable
California bankruptcy judge doubts the Ninth Circuit will adopt the BAP’s dicta by holding that technical stay violations are only voidable, not void.
9th Circuit, California, California Eastern DistrictDecember 14, 2022
Strict Rule Compliance Not Required for Serving a Complaint, Circuit Says
The Bankruptcy Rules for serving a summons and complaint are not jurisdictional, Eighth Circuit says.
8th CircuitDecember 13, 2022
A DIP’s Lawyer Can Later Become Adverse to a Chapter 11 Liquidating Trust
Judge David Thuma explains why a chapter 11 debtor in possession and a subsequent liquidating trust are different clients for the purpose of a conflict analysis, at least when the committee has confirmed a liquidating plan.
10th Circuit, New MexicoDecember 12, 2022
For Chapter 15 Recognition, the Foreign Proceedings Must Entail Insolvency
A foreign proceeding designed only to protect company assets won’t qualify as a ‘foreign proceeding’ entitled to recognition under chapter 15.
2nd Circuit, New York, New York Southern DistrictDecember 09, 2022
Third Circuit Importuned to Rule on Survival of the Solvent-Debtor Exception
Sticking to her guns, Bankruptcy Judge Mary Walrath rules that the solvent-debtor exception was abrogated by the adoption of the Bankruptcy Code, but certifies a direct appeal to the Court of Appeals.
3rd Circuit, DelawareDecember 08, 2022
Bartenwerfer Argument Invites the Supreme Court to Depart from ‘Plain Meaning’
Will the Supreme Court add words to Section 523(a)(2)(A) to yield a result that the justices find more palatable?
Supreme CourtDecember 07, 2022
Supreme Court Hears Argument on Section 363(m): Is It Jurisdictional or Not?
The justices seem inclined to hold that Section 363(m) is not jurisdictional, if they first decide that the appeal is not moot.
Supreme CourtDecember 06, 2022
The Ninth Circuit BAP Revisits the First Semester of Law School Contracts
Agreement on the price and nothing else short of an enforceable contract.
9th CircuitDecember 05, 2022
DIP Counsel’s Right to Compensation Ends Immediately on a Trustee’s Appointment
Appealing an order appointing a chapter 11 trustee does not entitle the DIP’s counsel to compensation pending appeal, Judge Klein says.
9th Circuit, California, California Eastern DistrictDecember 02, 2022
Current IRS Expense Standards Used When Modifying a Chapter 13 Plan
Bankruptcy Judge Robert Mark used common sense and logic to answer a question where the statute has no ready answer.
11th Circuit, Florida, Florida Southern District