June 09, 2022
Tenth Circuit BAP Defines the Elements of the Earmarking Defense
Earmarking only applies if the debtor had no dominion and control and the transfer did not diminish the debtor’s estate, BAP says.
10th CircuitJune 08, 2022
Rule 9011 Sanctions Imposed for Filing Decedent’s Estate to Halt Foreclosure
Judge Christopher Klein lays out the requisites for imposing sanctions under Rule 9011 for frivolous filings.
9th Circuit, California, California Eastern DistrictJune 07, 2022
A Receiver May Move to Dismiss an Involuntary Petition, but May Not Answer
Surprisingly, there is little authority on whether or how a receiver may respond to the filing of an involuntary petition.
7th Circuit, Illinois, Illinois Northern DistrictJune 06, 2022
Rochester Diocese Loses Stay Protection for Nondebtor Catholic Entities
After almost three years in chapter 11 without a consensual plan, Bankruptcy Judge Warren is allowing sexual abuse claimants to sue nondebtor parishes and schools.
2nd Circuit, New York, New York Western DistrictJune 06, 2022
2018 Increase in U.S. Trustee Fees Held Unconstitutional by the Supreme Court
The Supreme Court’s unanimous opinion avoids saying whether the dual system of U.S. Trustees and Bankruptcy Administrators is itself unconstitutional.
Supreme CourtJune 03, 2022
Judge Ambro Explains the Primacy of Section 327(a) over State Ethics Rules
Absent an ‘actual conflict,’ disqualification is not automatic, the Third Circuit says.
3rd CircuitJune 02, 2022
Bankruptcy Courts in Colorado and Minnesota Bar Bifurcated Fee Arrangements
Local rules require lawyers to prepare and fill all required chapter 7 papers regardless of whether the debtor pays the fee or agrees to pay the fee.
8th Circuit, MinnesotaJune 01, 2022
Bidding Not Always Required When a Settlement Includes a Sale of Assets, BAP Says
If there are mutual claims, the Ninth Circuit BAP gives the court discretion not to evaluate a settlement as a sale.
9th CircuitMay 31, 2022
Supreme Court on Arbitration (Again): Perhaps Bankruptcy Is Exempt from Arbitration?
Cutting back on knee-jerk invocation of arbitration, the Supreme Court says that agreements to arbitrate are no more enforceable than ordinary contracts.
Supreme CourtMay 27, 2022
Bankruptcy Didn’t Block Contempt Proceedings in District Court Against a Debtor
In a case headed for the Tenth Circuit, upholding the dignity of the court overcame the automatic stay.
10th Circuit, Utah