January 28, 2020
Circuit Split Widens over Discharging Taxes on Late-Filed Returns
The Supreme Court has ducked the split twice in recent years but should tackle the question this time around.
January 27, 2020
Circuit Judge Questions Applicability of Veil Piercing and Alter Ego to Trusts
Sixth Circuit upholds dismissal of claims for reverse veil piercing and reverse alter ego.
6th CircuitJanuary 24, 2020
Incorporating AAA Rules by Reference Won’t Work with Consumers
Courts are split on the question of whether the incorporation of AAA rules by reference allows arbitrators to decide threshold questions of arbitrability and validity of an agreement to arbitrate.
4th Circuit, South CarolinaJanuary 23, 2020
Stays Are Automatic from Denial of a Motion to Dismiss for Sovereign Immunity
Courts are divided on whether the district court loses jurisdiction to stay proceedings in bankruptcy court after the filing of a notice of appeal.
3rd Circuit, DelawareJanuary 22, 2020
Reservation of Rights Won’t Prevent Waiver of Right to Jury Trial
The general rule in Langenkamp calling for the waiver of Seventh Amendment rights prevails over the unique facts of a case.
5th Circuit, Texas, Texas Western DistrictJanuary 21, 2020
Chapter 13 Debtor Keeps Postpetition Appreciation in Nonexempt Property, BAP Says
Courts are split on whether creditors in chapter 13 are entitled to the postpetition appreciation in a debtor’s property.
9th CircuitJanuary 17, 2020
Technicalities Insulated a Lawyer from Liability for Misusing an IOLA
A creditor lost a dischargeability suit by failing to call the right witnesses to prove that a lawyer’s trust account was used to hide assets.
2nd Circuit, New York, New York Eastern DistrictJanuary 16, 2020
A Chapter 11 Filing Can Extend an Inflexible Closing Date by 60 Days
Filing a chapter 11 petition to obtain an automatic 60-day extension of a closing date is not a bad faith filing, Judge Bernstein says.
2nd Circuit, New York, New York Southern DistrictJanuary 15, 2020
A Prior BAP Opinion Is Virtually Binding on a Later BAP Panel
A later First Circuit BAP panel should follow BAP authority unless the prior opinion seems “dead wrong.”
1st CircuitJanuary 14, 2020
Delaware Judge Upholds U.S. Trustee Fee Increase in Pending Cases
Parting with some other bankruptcy courts, Judge Walrath upholds the constitutionality of the major increase in U.S. Trustee fees that was imposed on pending cases in early 2018.
3rd Circuit, Delaware