December 24, 2024
Ninth Circuit Primed to Decide Whether Emotional Distress Damages Survived Taggart
The Ninth Circuit BAP eased the burden on debtors needing to prove that a lender violated Section 524(i) by failing to credit payments made under a plan.
9th CircuitDecember 23, 2024
‘Accrual Test’ Again Survives to Say Whether the Debtor or the Estate Owns a Claim
There are two tests again for the existence of a claim, one test for claims against the debtor and another for claims by the debtor.
11th Circuit, Florida, Florida Middle DistrictDecember 20, 2024
Bankruptcy Has No General Exception to an Automatic Stay After Denial of Arbitration
A Delaware bankruptcy judge says there could be circumstances when automatic stays will not be enforced after the court has denied a motion to compel arbitration.
3rd Circuit, DelawareDecember 19, 2024
Sears Landlord Wins Big Supreme Court Appeal But Has Nothing to Show for the Effort
Like she did in Purdue, District Judge Colleen McMahon correctly predicted how the higher court would rule in a big, important case.
2nd Circuit, New YorkDecember 18, 2024
Debtor’s Appeal from Chapter 13 Plan Confirmation Held Equitably Moot
District court equates distribution to creditors in chapter 13 to substantial consummation of a chapter 11 plan.
4th Circuit, Virginia, Virginia Eastern DistrictDecember 17, 2024
Forcing Sale of a Debtor’s Milk Quota Is No Stay Violation, First Circuit Says, Reversing District Court
The First Circuit applied the ‘collateral order doctrine’ to allow an appeal by the government when a private party would be stuck with a nonappealable, interlocutory order.
1st CircuitDecember 16, 2024
Constitutional and Prudential Standing Survived Truck Insurance, Judge Kinsella Says
Did the notion of ‘prudential standing’ in bankruptcy cases survive Truck Insurance?
2nd Circuit, New York, New York Northern DistrictDecember 13, 2024
District Court Upholds Redaction of Customer Information in a Cryptocurrency Case
Prominent news organizations failed to overturn the redaction of customer information in a big cryptocurrency case.
3rd Circuit, DelawareDecember 12, 2024
For Foreign Liquidators, Chapter 15 Is Better than Using Common Law, Decision Shows
A foreign liquidator, who ran into problems in the Third Circuit using common law, changed course and quickly obtained relief in chapter 15.
3rd Circuit, New JerseyDecember 11, 2024
Bankruptcy Courts Don’t Agree on What’s a ‘Consensual’ Nondebtor Release
Bankruptcy Judge Paul Baisier of Atlanta disagreed with Bankruptcy Judge Craig Goldblatt of Delaware about requiring creditors to vote before they are saddled with nondebtor releases in chapter 11 plans.
11th Circuit, Georgia, Georgia Northern District