September 20, 2022
Claims Agents Aren’t Junior Judges Ruling on the Validity of Claim Transfers
The transferee of a claim doesn’t have standing to object to recording the transfer of a claim to it on the claims docket, Judge Garrity says.
September 19, 2022
Marrying an Adversary Doesn’t Mean Disqualification, Third Circuit Says
Following the Model Rules and erecting ethical screens allows adversary lawyers to date and marry.
3rd CircuitSeptember 16, 2022
Seventh Circuit Limits a U.S. Court’s Jurisdiction over Creditors Abroad
Foreign creditors not subject to ‘specific personal jurisdiction’ in the U.S. can violate the automatic stay with impunity.
7th CircuitSeptember 15, 2022
Second Circuit Definitively Defines ‘Inquiry Notice’ Under New York Law
Saving Revlon’s bank $500 million, the Second Circuit holds that the law of restitution allows a bank to recover payments made mistakenly when the recipient had no right to receive the payment.
2nd CircuitSeptember 14, 2022
A Flatfooted Mistake Isn’t Remedied by Equity or Relation Back, BAP Says
Absent a good excuse for misfiling a complaint, the bankruptcy court properly dismissed a complaint as untimely.
9th CircuitSeptember 13, 2022
Being Tossed Off a Committee Doesn’t Confer Appellate Standing, District Judge Says
Being removed from an official committee doesn’t harm the former member’s pecuniary interests and therefore doesn’t confer appellate standing.
5th Circuit, Louisiana, Louisiana Eastern DistrictSeptember 12, 2022
Does Mootness Arising on Appeal Strip the Lower Court Decision of Precedential Value?
Not reaching the merits, the Ninth Circuit nonetheless vacated a BAP decision because the case became moot during the appeal.
9th CircuitSeptember 09, 2022
Indiana Bankruptcy Judge Narrowly Reads the Section 546(e) Safe Harbor
Although a stock purchase and a loan payoff were only one month apart, the two transactions lacked a sufficient nexus to invoke the safe harbor, Bankruptcy Judge James Carr said.
7th Circuit, Indiana, Indiana Southern DistrictSeptember 08, 2022
Eleventh Circuit Holds that PACA Trusts Do Not Give Rise to Nondischargeable Debts
Violating a PACA trust does not result in ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable, the Eleventh Circuit held in upholding Bankruptcy Judge Roberta Colton.
11th CircuitSeptember 07, 2022
Homestead Proceeds May Be Exempt Under State Law but Not Under Section 522(d)(1)
Affirming the bankruptcy court, the Sixth Circuit BAP won’t exempt proceeds from the prepetition sale of a home, even though the proceeds were identifiable and in escrow.
6th Circuit