January 19, 2023
Dubious Eleventh Circuit Opinion Permits Collateral Attack on Final Confirmation Order
Although the chapter 13 confirmation order was concededly final and enforceable, the appeals court set aside a plan provision modifying a residential mortgage.
11th CircuitJanuary 18, 2023
Supreme Court to Hear Two More Bankruptcy Cases This Term
The high court will decide whether a real estate tax foreclosure can violate the Takings Clause and whether Section 106 abrogates sovereign immunity as to Native American tribes.
Supreme CourtJanuary 17, 2023
Second Circuit Limits the Significance of Homaidan on Discharge of Private Student Loans
The Fair Credit Reporting Act doesn’t require credit reporting agencies to resolve disputed facts or law about the discharge of private student loans.
2nd CircuitJanuary 13, 2023
Burford Abstention Can Apply in Bankruptcy Alongside Abstention in 28 U.S.C. § 1334(c)
Interference with state regulators can compel a bankruptcy court to abstain, even if abstention was not required under 28 U.S.C. § 1334(c).
5th CircuitJanuary 12, 2023
Bankruptcy Courts Disagree on Paying U.S. Trustee Fees by Liquidating Trusts
Adroitly drafting a chapter 11 plan may avoid having a liquidating trust pay quarterly fees to the U.S. Trustee.
4th Circuit, Virginia, Virginia Eastern DistrictJanuary 11, 2023
Adverse Plan Amendment Requires a Disclosure Statement and More Voting, Circuit Says
The Eleventh Circuit stated the obvious: A class that gets something under a chapter 11 plan is entitled to a disclosure statement and to vote again if an amendment takes it away, even if the class was entitled to nothing in the first place.
11th CircuitJanuary 10, 2023
Crypto Customers Don’t Own Their Deposits with Celsius Network, Judge Glenn Says
Applying ordinary contract law, New York judge rules that customers are bound by contracts they haven’t read.
2nd Circuit, New York, New York Southern DistrictJanuary 09, 2023
The Best Opinion Yet Ordering Refunds for Overpayment of U.S. Trustee Fees
All three courts to confront the question have now ordered the government to refund overpayments of U.S. Trustee fees.
4th Circuit, Virginia, Virginia Eastern DistrictJanuary 06, 2023
Ninth Circuit Says: A Sale Order Can’t Alter the Terms of the Contract
A surprising opinion by the Ninth Circuit was nonprecedential.
9th CircuitJanuary 05, 2023
Deferred Settlement Agreements Aren’t Executory Contracts and Can’t Be Assumed
A deferred settlement agreement, like a workout agreement, can’t be assumed under Section 365.
9th Circuit, California, California Eastern District