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August 23, 2023

The Fourth Circuit declined to follow the First and Sixth Circuits on preemption of automatic stay violations by expanding the ban to redress for discharge violations.

August 17, 2023

Bankruptcy courts can have subject matter jurisdiction to approve settlements between nondebtors.

August 01, 2023

Rebuffed in the Second Circuit, the Solicitor General is asking the Supreme Court to stay issuance of the mandate that would allow Purdue Pharma to consummate its chapter 11 plan.

July 25, 2023

Section 959(a) doesn’t permit suing a trustee for breach of fiduciary duty outside of bankruptcy court.

July 10, 2023

In a motion to stay the issuance of the mandate, the government has announced that it will be filing a petition for certiorari asking the Supreme Court to review the Second Circuit’s Purdue decision allowing bankruptcy courts to issue releases to nondebtors.

June 06, 2023

In a rising real estate market, chapter 13 debtors risk losing their homes if they sell or convert to chapter 7.

May 10, 2023

An appeal from an interlocutory order can’t be made final by the district court’s entry of judgment on the first appeal.

April 28, 2023

Eighteenth century ‘history and tradition’ might govern the constitutionality of real estate tax foreclosures where the government retains sale proceeds in excess of unpaid taxes.

April 26, 2023

It appears as though the Supreme Court will decide Lac du Flambeau based entirely on textual analysis of Section 106(a), which does not explicitly abrogate sovereign immunity as to Native American tribes.

March 06, 2023

The ‘possibility of harm’ won’t confer bankruptcy appellate standing, the Fifth Circuit says.