August 22, 2022
‘Results Obtained’ Can Justify Cutting Fees by 50%, Sixth Circuit Says
In fee allowances, considering ‘results obtained’ survived the 1994 amendments to Section 330(a).
6th CircuitAugust 19, 2022
Fifth Circuit Holds that Surety Bonds Are Not Executory Contracts
The Fifth Circuit said in dicta that courts might apply the ‘functional approach’ rather than the Countryman test in deciding whether a triangular contract is executory.
5th CircuitAugust 18, 2022
After Siegel, Tenth Circuit Mandates Refunds for Overpayment of U.S. Trustee Fees
The Tenth Circuit is the first appeals court to rule on remedy after the Supreme Court said that the 2018 increase in U.S. Trustee fees was unconstitutional.
10th CircuitAugust 17, 2022
A ‘Notwithstanding’ Clause May Not Control a Specific Provision, District Judge Says
An appeal to the Third Circuit may tell us whether a ‘notwithstanding any other provision’ clause really means what it says.
3rd Circuit, DelawareAugust 16, 2022
A Solvent Estate Must Be ‘Likely’ to Confer Standing on an Individual Chapter 7 Debtor
The Seventh Circuit doesn’t accept a debtor’s asset schedules as gospel in deciding whether there is appellate standing.
7th CircuitAugust 15, 2022
Sixth Circuit Defines Res Judicata Liberally
Res judicata can bar a claim in a later lawsuit if it wasn’t raised in bankruptcy court, given a bankruptcy court’s broad jurisdiction.
6th CircuitAugust 12, 2022
Channeling ‘Asbestos’ Claims Is a Legitimate Use of Chapter 7, District Judge Says
Reversing the bankruptcy court, a district judge ruled that a company may file in chapter 7 even when there are no operations and no assets aside from insurance.
2nd Circuit, ConnecticutAugust 11, 2022
Retirees Breathe a Sigh of Relief: A Golf Cart Can Be an Exempt Motor Vehicle
Surprisingly, no court had previously ruled on whether a golf cart can be exempt.
10th Circuit, Oklahoma, Oklahoma Western DistrictAugust 10, 2022
Bankruptcy Removal Isn’t the Same as General Removal, Fifth Circuit Explains
Fifth Circuit finds ‘related to’ jurisdiction in a lawsuit between two third parties who were neither debtors nor creditors.
5th CircuitAugust 09, 2022
A Mistake in the CARES Act on Eligibility for the SBRA Was Fixed by Congress in June
After a technical correction by Congress, now only affiliates of reporting companies are excluded from Subchapter V of chapter 11.
9th Circuit, California, California Central District