April 01, 2022
Delaware District Judge Says: Don’t Use ‘Nunc Pro Tunc’ When You Mean ‘Retroactive’
Submitting a retention order with the wrong word resulted in a pivotal issue on appeal.
3rd Circuit, DelawareMarch 31, 2022
Debtor Can’t Be Punished for Shifting Legal Theories After an Unfavorable Decision
ate law might provide an equitable basis for denying a state-law exemption, although Law v. Siegel won’t permit equity to defeat an exemption claim under federal law.
9th CircuitMarch 30, 2022
No Withdrawal or Jury Trial on Claims that Lawyers Violated Section 526
The district court opinion affirms the notion that bankruptcy courts have ‘core’ power without a jury to adjudicate claims of attorney misconduct.
7th Circuit, Illinois, Illinois Southern DistrictMarch 29, 2022
Sixth Circuit BAP Gives Priority Status to Obamacare’s Individual Mandate Penalty
A question may be headed to the Sixth Circuit, where debtors hope to create a circuit split.
6th CircuitMarch 28, 2022
Converting a Claim Based on Securities to Judgment Won’t Bar Subordination, BAP Says
A lien securing a claim based on the purchase or sale of securities is subordinated, just like the claim, the Ninth Circuit BAP says.
9th CircuitMarch 25, 2022
UCC’s ‘Predominant Purpose’ Text Isn’t Used to Decide Priority Status Under § 503(b)(9)
A hybrid contract covering both goods and services is accorded priority status under Section 503(b)(9) only for the value of the goods, even if the contract primarily involved the sale of goods.
10th Circuit, ColoradoMarch 24, 2022
Defamation and IIED Claims Are Not ‘Personal Injury Torts’
Section 157(b)(5) does not bar the bankruptcy court from trying defamation and IIED claims, Judge Thuma says, siding with Judge Bernstein.
10th Circuit, New MexicoMarch 23, 2022
Circuit Split Widens Sovereign Immunity for Section 544(b) Claims
The circuits are now split 2/1 on the waiver of sovereign immunity under Section 544(b) for lawsuits by a trustee based on claims that could have been made by an actual creditor.
4th CircuitMarch 22, 2022
The Concept of Bifurcated Fee Agreements Approved on Appeal in South Carolina
Reversing the bankruptcy court, the district court decided that a local rule did not bar bifurcated fee arrangements altogether.
4th Circuit, South CarolinaMarch 21, 2022
Invoking Mirant, Fifth Circuit Permits Rejection of a Gas Pipeline Contract
Unsuccessfully attempting to punch homes in Mirant, FERC emerged from the Fifth Circuit with no power to stop bankruptcy courts from rejecting contracts otherwise within FERC’s jurisdiction.
5th Circuit