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ABI Journal

Rochellel's Daily Wire

October 26, 2023

Issue Preclusion Saddles Alex Jones with $1.2 Billion in Nondischargeable Debt

Bankruptcy Judge Christopher Lopez of Houston will hold trials that could result in more nondischargeable debt for Alex Jones.

5th Circuit, Texas, Texas Southern District

October 25, 2023

Bankruptcy Judge Refuses to Enforce an Arbitration Agreement

An exculpation clause in a chapter 11 plan protected the owner’s counsel from a malpractice suit.

6th Circuit, Ohio, Ohio Southern District

October 24, 2023

In Sub V, a Class with No Votes Isn’t Considered in Confirming a Chapter 11 Plan

Former Bankruptcy Judge David R. Jones disagreed with a colleague, who had held that a non-voting class is considered as having voted against a plan.

5th Circuit, Texas, Texas Southern District

October 23, 2023

Labor Union Beats Back a Motion to Transfer Venue to the Bankruptcy Court

A district judge, who had been a bankruptcy and BAP judge, narrowly interpreted 28 U.S.C. § 1412 as being inapplicable to pending suits only “related to” the bankruptcy.

10th Circuit, Kansas

October 20, 2023

Fifth Circuit Expands Bartenwerfer to Saddle Alter Egos with Nondischargeable Debts

An alter ego may be of the same ilk as a partnership or agency, so there may be no inconsistency between the Fifth Circuit opinion and the Bartenwerfer concurrence.

5th Circuit

October 19, 2023

State Law Lines Up with Federal Judicial Estoppel When Assets Aren’t Scheduled

Oregon Supreme Court allows substitution of a bankruptcy trustee as the real party in interest because denial would chiefly punish the debtor’s creditors.

9th Circuit, Oregon

October 18, 2023

Bankruptcy Courts Have Statutory Power to Remove Voided Liens

Bankruptcy Rule 7070, incorporating Federal Rule 70 along with 28 U.S.C. § 1655, gives bankruptcy courts power to remove liens of record when the lenders don’t do so voluntarily.

9th Circuit, California, California Eastern District

October 17, 2023

Supreme Court to Hear a Third Bankruptcy Case this Term: Standing Under § 1109(b)

Supreme Court to decide whether a creditor has standing to object to any provision in a chapter 11 plan, even provisions that don’t affect the creditor.

Supreme Court

October 16, 2023

28 U.S.C. § 1961(a) Requires Post-Judgment Interest, the Fifth Circuit Holds

As a unit of the district courts, bankruptcy courts are required to grant post-judgment interest in adversary proceedings under 28 U.S.C. § 1961(a).

5th Circuit

October 13, 2023

Debtor’s Subchapter S Status Is Estate Property that an Owner Can’t Terminate

Bankruptcy Judge Russin declines to follow the Third Circuit and adopts the conclusion of bankruptcy courts holding that Sub S status is estate property.

11th Circuit, Florida, Florida Southern District