February 23, 2021
Espinosa Doesn’t Forgive All Procedural Defects in Confirmation, Judge Ludwig Says
To sell free and clear, someone with an interest in the property must receive the notice required for service of a summons and complaint. Actual notice doesn’t suffice.
7th Circuit, Wisconsin, Wisconsin Eastern DistrictFebruary 22, 2021
Rule 54(b) Can’t Be Used to Certify an Interlocutory Appeal to the Circuit
Federal Rule 54(b) is not an alternative to 28 U.S.C. § 158(a)(3) and Bankruptcy Rule 8004 for certifying an interlocutory appeal.
11th CircuitFebruary 19, 2021
Covid Eviction Moratoria Didn’t Apply in a Bankruptcy Case
Bankruptcy court evicted a debtor from his residence because he didn’t qualify for the Covid-19 moratoria.
9th Circuit, California, California Central DistrictFebruary 18, 2021
Medicaid Fraud Suit in State Court Isn’t Subject to the Automatic Stay
Even though the debtor was no longer in business, a Medicaid fraud suit was not subject to the automatic stay and thus served as a deterrent to others.
5th Circuit, Texas, Texas Southern DistrictFebruary 17, 2021
An Individual Can’t Assume a Lease by Reaffirming the Debt
A lawyer queasy about a client’s decision to assume a lease can’t invoke the court’s scrutiny by making an application to reaffirm the debt under Section 524(c), Judge Hursh says.
9th Circuit, MontanaFebruary 16, 2021
Amount of an Exemption Isn’t Required to Make an Order Final, Circuit Majority Says
Tenth Circuit majority believes that the grant or denial of an exemption is sufficient to make the order final, even if the bankruptcy court hasn’t ruled on the extent or amount of the exemption.
10th CircuitFebruary 15, 2021
Sixth Circuit Permits Nondebtor Family Members to Continue the Family Business
Circuit Judge Sutton shied away from making a wife liable for her husband’s debts, even though the wife carried on the husband’s farming business.
6th CircuitFebruary 12, 2021
Additional Committee for Commercial Creditors Appointed in Archdiocese Bankruptcy
Judge Grabill would have given commercial creditors either their own committee or special counsel given the different interests of sexual abuse claimants.
5th Circuit, Louisiana, Louisiana Eastern DistrictFebruary 11, 2021
Tempnology Didn’t Undercut the Validity of Equitable Mootness, First Circuit Says
Confirmation appeals in two big cases are dismissed on the same day for equitable mootness.
1st CircuitFebruary 10, 2021
Court Records Destroyed, a Finding of Proper Notice Presumes Notice by Publication
The finding of proper notice in a confirmation order satisfies the debtor’s burden of proving notice by publication to creditors with future claims, even in the absence of a trust for future creditors, Houston judge says.
5th Circuit, Texas, Texas Southern District