November 19, 2021
Res Judicata Limits an Objection to a Claim Allowed in a Prior Bankruptcy
Reducing a claim between the first and second bankruptcy didn’t prevent the Fifth Circuit from employing res judicata.
5th CircuitNovember 18, 2021
Reducing a Personal Guarantee Under a Plan Isn’t a Discharge, Fifth Circuit Says
The appeals court barred the holder of a personal guarantee from launching a collateral attack on a confirmed chapter 11 plan.
5th CircuitNovember 17, 2021
Circuit Expands Espinosa to Include Failure to Give Notice of Third-Party Releases
Eleventh Circuit holds that the lack of notice required by Bankruptcy Rule 2002(c)(3) did not result in the invalidity of non-debtor, third-party releases in a chapter 11 plan.
11th CircuitNovember 16, 2021
Split Widens on Dischargeability for Third Party’s Violation of Securities Laws
Circuits are split 2/1 on whether a debtor must have committed a securities law violation before a judgment is made nondischargeable under Section 523(a)(19).
8th Circuit, MinnesotaNovember 15, 2021
Another District Judge Rules that Tax Foreclosures Can Be Fraudulent Transfers
The circuits are split on whether the Supreme Court’s BFP opinion can be extended to bar fraudulent transfer attacks on in rem real estate tax foreclosures.
2nd Circuit, New York, New York Western DistrictNovember 12, 2021
A Purdue Suit Against Insurance Carriers Stays in Bankruptcy Court, for Now
Insurance coverage disputes are ‘routinely resolved in summary judgment,’ counseling against immediate withdrawal of the reference of a non-core lawsuit, district judge says.
2nd Circuit, New York, New York Southern DistrictNovember 11, 2021
Counsel Can’t Disclaim Responsibilities Imposed by the Code and Rules, Judge Says
Judge Clarkson laid down guidelines for a lawyer who copies pleadings written by another lawyer in a different case.
9th Circuit, California, California Central DistrictNovember 10, 2021
Eleventh Circuit Differentiates the Two Standards for Approval of Non-Debtor Releases
The Eleventh Circuit has two standards for non-debtor releases: One for free-standing settlements and another for releases engrafted into chapter 11 reorganization plans
11th CircuitNovember 09, 2021
Judge Barnes Tells Gamblers What Records to Keep to Win a Discharge in Bankruptcy
The suggestion that the debtor never won undercut the poker player’s testimony about uncorroborated gambling losses.
7th Circuit, Illinois, Illinois Northern DistrictNovember 08, 2021
Sometimes, a Judgment Lien from Foreclosure Can Be Avoided as Homestead Impairment
A deficiency judgment arising from foreclosure of another parcel of real estate can be avoided as an impairment of a debtor’s homestead exemption.
11th Circuit, Florida, Florida Middle District