August 29, 2023
Eleventh Circuit Narrowly Reads a State Fee-Shifting Statute
The lawsuit was under federal law, not state law, even though Section 544(b)(1) incorporated state fraudulent transfer law.
11th CircuitAugust 23, 2023
Fourth Circuit: State Law Claims for Discharge Violations Are Not Preempted
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.
4th CircuitAugust 17, 2023
Fifth Circuit Adheres to ‘Person Aggrieved’ for Appellate Standing in Bankruptcy
Bankruptcy courts can have subject matter jurisdiction to approve settlements between nondebtors.
5th CircuitAugust 01, 2023
Government Asks the Supreme Court to Halt Consummation of Purdue’s Chapter 11 Plan
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.
Supreme CourtJuly 25, 2023
Section 959(a) Isn’t an Exception to the Barton Doctrine, 9th Circuit BAP Says
Section 959(a) doesn’t permit suing a trustee for breach of fiduciary duty outside of bankruptcy court.
9th CircuitJuly 10, 2023
Government to Seek Supreme Court Review of Purdue’s Third-Party, Nondebtor Releases
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.
Supreme CourtJune 06, 2023
BAP Gives Post-Petition Appreciation to Chapter 7 Estate on Conversion from Chapter 13
In a rising real estate market, chapter 13 debtors risk losing their homes if they sell or convert to chapter 7.
8th CircuitMay 10, 2023
Denial of Withdrawal of the Reference Isn’t a Final, Appealable Order, Circuit Says
An appeal from an interlocutory order can’t be made final by the district court’s entry of judgment on the first appeal.
10th CircuitApril 28, 2023
Supreme Court Argument: Can Real Estate Tax Foreclosure Violate the Takings Clause?
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.
Supreme CourtApril 26, 2023
Supreme Court Hears Oral Argument on Tribal Sovereign Immunity
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.
Supreme Court