April 29, 2022
Fourth Circuit Rejects Frontal Assault on In Pari Delicto as a Bar to Suits by a Trustee
Circuit refuses to make an exception for trustees regarding the judge-made doctrine of in pari delicto.
4th CircuitApril 28, 2022
District Judge Barred Redesignation to SBRA in a Case Pending 16 Months
Redesignation under the SBRA might become a hot topic once again when (if) Congress raises the cap back to $7.5 million.
2nd Circuit, New York, New York Eastern DistrictApril 27, 2022
Contempt Under Rule 9011, Section 105(a) and Inherent Authority Isn’t Interchangeable
The Ninth Circuit BAP explained the differences between contempt under Rule 9011, Section 105(a) and inherent authority.
9th CircuitApril 26, 2022
Eighth Circuit to Decide Whether Avoidance Actions Are Estate Property that Can Be Sold
Authorities are split on whether avoidance actions are estate property that can be sold or can only be prosecuted by the trustee.
8th Circuit, Iowa, Iowa Northern DistrictApril 25, 2022
Another Circuit Says: Old Bankruptcies Aren’t Grounds for Removal to Federal Court
This month, two circuits found no ‘related to’ bankruptcy jurisdiction for climate-change lawsuits against energy companies.
9th CircuitApril 22, 2022
Fourth Circuit Rules Emphatically that Taggart Applies to All Contempt in Bankruptcy
Reliance on advice of counsel is not a complete defense to contempt citations.
4th CircuitApril 21, 2022
Fifth Circuit Majority Bars Reforming Mortgages in Bankruptcy
In a nonprecedential opinion, the Fifth Circuit suggests that a mortgage that could be reformed in state court cannot be reformed in bankruptcy.
5th CircuitApril 20, 2022
Supreme Court Hears Argument on Constitutionality of 2018 Increase in U.S. Trustee Fees
At oral argument, the justices seemed more concerned about the remedy to give if the dual fee system was unconstitutional.
Supreme CourtApril 19, 2022
Judge Brown Finds a Loophole Where Debtors Get Discharges Despite Nondisclosure
Had Congress considered the facts that were before Bankruptcy Judge Elizabeth Brown, it surely would have written the statute differently, this writer believes.
10th Circuit, ColoradoApril 18, 2022
FishDish Proves that Ending Equitable Mootness Didn’t End the World as We Know It
Curtailing equitable mootness will benefit the bankruptcy community by fostering appellate decisions that clarify the standards for confirmation of chapter 11 plans.
8th Circuit, Iowa, Iowa Northern District