April 15, 2022
Target of Lawsuit Doesn’t Have Standing to Appeal a Litigation Funding Agreement
The Eleventh Circuit explained how prudential (or ‘person aggrieved’) standing is a higher standard more difficult to meet than constitutional (or ‘Article III’) standing.
11th CircuitApril 14, 2022
Section 328(c) and Rule 2014(a) Both Permit Denial of All Compensation
Undisclosed representation of the debtor’s principal resulted in denial of all compensation sought by counsel for the corporate debtor.
9th Circuit, California, California Eastern DistrictApril 13, 2022
Texaco’s Plan in 1988 Wasn’t Grounds for Removal to Federal Court, Fourth Circuit Says
In a case that may be headed to the U.S. Supreme Court at least once more, the Fourth Circuit is subjecting 26 multinational oil companies to the tender mercies of the Maryland state courts.
4th CircuitApril 12, 2022
Constructive Notice Won’t Save a Sale Under 363(m) Absent Actual Notice, Seventh Circuit Says
To be a good faith purchaser under Section 363(m), a purchaser must be given actual notice to those with an interest in the property. Constructive notice won’t suffice.
7th CircuitApril 11, 2022
BAP Describes When a Nonbankruptcy Court’s Order Does or Does Not Violate the Stay
If a proceeding is sub judice when the defendant files bankruptcy, the plaintiff should figure out whether a decision after bankruptcy would violate the automatic stay.
9th CircuitApril 08, 2022
‘Reasonable Possibility’ of a Surplus Gives a Debtor Standing in Chapter 7
Due process considerations mean it’s not harmless error if a debtor was denied standing improperly.
6th Circuit, Tennessee, Tennessee Middle DistrictApril 07, 2022
‘Once a Creditor, Always a Creditor,’ Even if the Claim Is Paid, Judge Phillips Says
Being branded as a creditor is like a tattoo; it won’t ever come off.
4th Circuit, Virginia, Virginia Eastern DistrictApril 06, 2022
Supreme Court Rules Again on Arbitration, Saying Nothing Explicitly About Bankruptcy
The Supreme Court is still giving no hints about whether arbitration agreements are enforceable in bankruptcy cases.
Supreme CourtApril 05, 2022
A Client Can Be Liable for Sanctions from the Lawyer’s Violation of Rule 9011
Judge Klein let a lawyer off the hook for violating Rule 9011 because the lawyer had already been punished enough.
9th Circuit, California, California Eastern DistrictApril 04, 2022
A Contempt Finding that’s Not ‘Final’ Can’t Be Appealed, Second Circuit Says
A prevailing party can’t appeal arguably erroneous findings.
2nd Circuit