February 19, 2019
Barton Also Protects Asbestos Trusts, Delaware Judge Says
If a suit filed in violation of Barton ends up in bankruptcy court, must the judge still dismiss? The courts are split.
3rd Circuit, DelawareFebruary 18, 2019
First Circuit Cans the Puerto Rico Oversight Board as Unconstitutionally Appointed
The appeals court is attempting to avoid chaos despite ruling that the appointment of Puerto Rico Oversight Board members violated the Appointments Clause of the Constitution.
1st CircuitFebruary 15, 2019
Another Court Strikes Down Higher U.S. Trustee Fees in Some Cases
A crisis befalls smaller companies that can’t afford the huge increase in U.S. Trustee fees.
5th Circuit, Texas, Texas Western DistrictFebruary 15, 2019
Bankruptcy Judge OKs Four Years of Jailing for Civil Contempt
An appellate court will decide whether four years of jailing means that civil incarceration has become futile.
9th Circuit, California, California Central DistrictFebruary 14, 2019
Fifth Circuit Hints that Debtors May Retain Property for Recreation and Entertainment
Per curiam opinion shows that chapter 13 plans aren’t required to be punitive.
February 13, 2019
An Objection to Third-Party Releases Must Be Raised in Bankruptcy Court
A non-objecting creditor is bound by a third-party release even if the release may have been improper.
5th Circuit, Texas, Texas Southern DistrictFebruary 12, 2019
Another Circuit Allows an Unsecured Claim for Contractual Attorneys’ Fees
The circuits agree, but the lower courts disagree, on the allowance of post-petition attorneys’ fees based on contract.
4th CircuitFebruary 11, 2019
Supreme Court Is on the Road to Overruling Dewsnup
A ‘cert’ petition asks the high court to overrule Dewsnup and allow chapter 7 debtors to strip down or strip off undersecured mortgages.
Supreme CourtFebruary 08, 2019
Seventh Circuit Makes Stays Pending Appeal Automatic in Mortgage Foreclosures
The Seventh Circuit’s opinion interpreting the amendment to Rule 62 is nonprecedential and prompted a dissent, and it may apply only in some states.
7th CircuitFebruary 08, 2019
Without Excusable Neglect, Debtors May Claim Exemption in Reopened Cases
The date of the closing of a case is not a ‘specified period’ invoking Rule 9006(b)(1) and requiring a debtor to show excusable neglect before amending schedules to claim an exemption.
10th Circuit