May 26, 2022
Courts Split on Committee Intervention as of Right in Adversary Proceedings
The circuits are split on whether a creditors’ committee may intervene as of right in adversary proceedings under Section 1109(b).
11th Circuit, Florida, Florida Southern DistrictMay 25, 2022
In Reciprocity States, the Court Must Rule on Contract Issues to Shift Fees, Circuit Says
Even if a dischargeability suit is based on a contract, the winner is not entitled to fee-shifting if the court rules on noncontract issues.
9th CircuitMay 24, 2022
First Circuit Majority Says Sovereign Immunity Abrogated as to the Puerto Rico Oversight Board
Dissenter implies that the First Circuit should sit en banc and rule that the Oversight Board’s sovereign immunity was not waived
1st CircuitMay 23, 2022
Contingent Indemnification Brings an Automatic Stay in Chapter 9, First Circuit Says
First Circuit won’t allow artful pleading to avoid the automatic stay in municipal bankruptcies.
1st CircuitMay 20, 2022
Second Circuit Allows Appellate Attorneys’ Fees for Upholding a Contempt Citation
Finally, a circuit court cites Taggart to help a debtor enforce the discharge injunction.
2nd CircuitMay 19, 2022
Nonjudicial Foreclosure Wipes Out Deficiencies for the FCRA, Ninth Circuit Says
The Ninth Circuit equates nonjudicial foreclosure with bankruptcy discharge in terms of the effect on deficiencies following foreclosure.
9th CircuitMay 18, 2022
Two Circuits Now Give Priority Status to Obamacare’s Individual Mandate Penalty
The Affordable Care Act’s ‘individual mandate’ was a tax measured by income, thus giving the IRS a priority tax claim.
3rd CircuitMay 17, 2022
Importance of the Supreme Court’s Upcoming Bartenwerfer Decision Seen in Florida Case
The decision by the Supreme Court next term in Bartenwerfer will tell us whether debts can be automatically nondischargeable, even when the debtor is without fault.
11th Circuit, Florida, Florida Southern DistrictMay 16, 2022
Denial of Receipt by Itself Won’t Defeat the ‘Mailbox Presumption,’ District Judge Says
Special counsel unfamiliar with bankruptcy procedures weren’t excused from the requirement to file a final fee application by the deadline.
10th Circuit, ColoradoMay 13, 2022
Sub V Has a Flexible Commitment Period in Cramdown, Ninth Circuit BAP Says
Unlike chapters 12 and 13, the bankruptcy court in Subchapter V has discretion in selecting the commitment period for confirmation of a cramdown plan.
9th Circuit