March 04, 2022
Eleventh Circuit Again Predicted to Split with the Second Circuit on Foreign Recognition
Florida district judge explains why a foreign debtor isn’t required to have a presence in the U.S. before the debtor’s foreign representatives can win recognition under chapter 15.
11th Circuit, Florida, Florida Middle DistrictMarch 03, 2022
Long Island Judge Ends ‘Loss Mitigation’ in His Courtroom
No more informal ‘no-look’ fees in the courtroom of Bankruptcy Judge Robert Grossman.
2nd Circuit, New York, New York Eastern DistrictMarch 02, 2022
Water Rights Are a Property Interest that Can’t Be Sold Free and Clear of Disputes
Disputes over water rights aren’t the sort of property interest that can attach to proceeds in a sale ‘free and clear’ under Section 363(f).
10th Circuit, UtahMarch 01, 2022
Johnson & Johnson Survives a Motion to Dismiss that Alleged a Bad Faith Filing
Judge in New Jersey explains why chapter 11 is the best alternative for a large company to deal with mass torts.
3rd Circuit, New JerseyFebruary 28, 2022
Bad Faith Filings in Chapter 15 Can Be Entitled to ‘Foreign Main Recognition,’ BAP Says
The bankruptcy court has no discretion to deny recognition in chapter 15 if the requirements of Section 1517(a) have been met.
9th CircuitFebruary 25, 2022
The Two-Year Complaint Deadline Can’t Be Extended Without Notice to Defendants
Equitable tolling can extend the two-year deadline for filing complaints, but the deadline can’t be extended without notice to the defendants, even if they are unknown or unknowable.
9th Circuit, California, California Central DistrictFebruary 24, 2022
Disregarding Scheduling Orders Can Waive Jury Trials and Objections to Final Orders
Sometimes, demanding a jury trial in answering a complaint comes too late to withdraw the reference.
11th Circuit, Florida, Florida Southern DistrictFebruary 23, 2022
Special Counsel with an Actual Conflict Faces Disgorgement of Fees in Delaware
Judge Sontchi set aside a prior order preventing the trustee from controlling litigation brought in the trustee’s name.
3rd Circuit, DelawareFebruary 22, 2022
Rule 11 Sanctions Coming for Madoff Customers Refusing to Give Up ‘Fictitious Profits’
Two district judges are becoming incensed by ‘net winners’ in the Madoff Ponzi scheme who continue litigating and losing on the same issues.
2nd Circuit, New York, New York Southern DistrictFebruary 18, 2022
Someone Defending an Appeal Isn’t Required to Show ‘Standing,’ Fifth Circuit Says
To satisfy Article III, an appellee need only have ‘concrete adverseness’ and an ongoing interest in the dispute.
5th Circuit