November 12, 2024
Judicial Immunity Can Protect a Trustee when Barton Doesn’t Apply, Circuit Says
When a trustee mistakenly seizes a nondebtor’s property, the Barton doctrine by itself doesn’t protect the trustee, but judicial immunity does.
11th CircuitNovember 08, 2024
Seventh Circuit Dismisses Based on ‘Person Aggrieved’ Without Citing Truck Insurance
A per curiam decision from the Seventh Circuit raises the question of whether Truck Insurance overruled ‘person aggrieved’ sub silentio.
7th CircuitOctober 03, 2024
Third Circuit to Decide: May Magistrate Judges Issue Final Orders on Bankruptcy Appeals?
The Third Circuit will decide whether the broad language in the Federal Magistrate Act allows magistrate judges to issue final orders on bankruptcy appeals when the parties consent.
3rd CircuitSeptember 24, 2024
U.S. Trustee Moves to Transfer Venue of New J&J Case from Houston to New Jersey
The new J&J filing starkly raises the issue of venue-shopping. If the new case remains in Houston, the Texas court would not be bound by the Third Circuit’s ‘financial distress’ requirement.
3rd Circuit, New JerseySeptember 09, 2024
Ninth Circuit BAP Jealously Protects a ‘13’ Debtor’s Right to Dismiss
Debtors paid a high price for their counsel’s inattention to their needs after plan confirmation.
9th CircuitAugust 06, 2024
A Decision About What’s Equitable Is Difficult to Overturn on Appeal, Circuit Says
The district court shouldn’t have substituted its own judgment for the bankruptcy court’s conclusion about what’s equitable, Tenth Circuit says.
10th CircuitJuly 19, 2024
How to Circumvent the Prohibition of Appealing Abstention Decisions to the Circuit
The Ninth Circuit BAP makes life easy for the Circuit Court of Appeals. Every circuit should have a BAP.
9th CircuitJuly 01, 2024
Supreme Court to Rule on Waiver of Sovereign Immunity for Suits Under Section 544(b)(1)
To resolve a circuit split, the Supreme Court has agreed to decide whether a trustee can sue the government to recover a fraudulent transfer under state law when sovereign immunity would bar an ‘actual creditor’ from suing.
Supreme CourtJune 13, 2024
Sub V Debt ‘Cap’ in Peril of Reverting to About $3 Million on June 21
One senator is blocking an extension of the $7.5 million debt cap for Subchapter V and the $2.75 cap for chapter 13.
Federal CircuitMay 20, 2024
Prefiling Review Ok with BAP as Sanction for Filing Baseless Dischargeability Complaint
A lender was filing baseless dischargeability complaints believing that the impecunious debtors would default or settle.
9th Circuit