May 01, 2024
Fifth Circuit Reaffirms the Use of ‘Gatekeeping’ Orders
As a follow-up to Highland Capital Management, the Fifth Circuit explained when gatekeeping orders are appropriate.
5th CircuitMarch 21, 2024
Supreme Court Hears Argument on Who Has Standing in Bankruptcy Cases
The Supreme Court may decide that standing in bankruptcy cases is more flexible and that Article III standards don’t apply in chapter 11 cases.
Supreme CourtMarch 05, 2024
Ninth Circuit Rebuffs Attack on a Committee’s Derivative Standing to Sue
Did bankruptcy courts create prohibited federal common law by allowing committees to prosecute claims belonging to the estate?
9th CircuitMarch 04, 2024
A Bankrupt Defendant Complicates Filing an Appeal Against Everyone Else
The Sixth Circuit explains how to appeal when the automatic stay prevents an order in a multi-defendant suit from becoming a final order.
6th CircuitFebruary 28, 2024
Modifying the Stay Doesn’t Relinquish Jurisdiction Entirely over the Dispute
In bankruptcy proceedings, formal notice isn’t required if there is actual notice, the Tenth Circuit says.
10th CircuitFebruary 21, 2024
Supreme Court Won’t Decide Whether ‘13’ Trustees Are Paid When Plans Aren’t Confirmed
Any day now, the Second Circuit could create a split of circuits importuning the Supreme Court to decide whether chapter 13 trustees are paid fees even if no plan is confirmed.
Supreme CourtFebruary 06, 2024
Rooker-Feldman Even Bars Review of State Court Judgments that Are ‘Void,’ Circuit Says
A debtor has one bite at the apple to enforce discharge. Take your pick: state or federal court, but not both.
5th CircuitJanuary 16, 2024
Supreme Court Seems Disinclined to Pay Refunds for Overpayment of U.S. Trustee Fees
Several justices seemed to believe that ‘prospective relief’ is sufficient to remedy the due process violation because the alternatives are ineffective.
Supreme CourtDecember 05, 2023
Supreme Court Seems Dubious About Purdue’s Nonconsensual, Nondebtor Releases
At oral argument, the justices were focused on whether the word “appropriate” in Section 1123(b)(6) allows chapter 11 plans to include nonconsensual, nondebtor third-party releases.
Supreme CourtDecember 04, 2023
A Refinanced Consumer Loan Might Not Be a ‘Consumer Debt,’ Ninth Circuit Says
Refinancing a consumer loan to obtain a lower interest rate might make an individual debtor eligible for chapter 7.
9th Circuit