March 06, 2023
Highland Capital Makes Law Again, This Time on Bankruptcy Appellate Standing
The ‘possibility of harm’ won’t confer bankruptcy appellate standing, the Fifth Circuit says.
5th CircuitFebruary 28, 2023
Ninth Circuit Panel Splits on Counting Creditors for an Involuntary Petition
The majority and the dissenter disagreed on whether the judgment merged individual creditors’ claims into one claim.
9th CircuitFebruary 02, 2023
Unlike the Eleventh Circuit, Barton Is Alive and Well in the Fifth Circuit
In a case irreconcilable with two recent opinions from the Eleventh Circuit, the Fifth Circuit invokes Barton to bar a lawsuit against a trustee after the bankruptcy case had been closed.
5th CircuitJanuary 18, 2023
Supreme Court to Hear Two More Bankruptcy Cases This Term
The high court will decide whether a real estate tax foreclosure can violate the Takings Clause and whether Section 106 abrogates sovereign immunity as to Native American tribes.
Supreme CourtJanuary 06, 2023
Ninth Circuit Says: A Sale Order Can’t Alter the Terms of the Contract
A surprising opinion by the Ninth Circuit was nonprecedential.
9th CircuitDecember 16, 2022
Lack of Familiarity with PACER Is No Excuse for a Late Filing, Tenth Circuit Says
Some tasks are too complex for lawyers and should be performed by paralegals.
10th CircuitDecember 08, 2022
Bartenwerfer Argument Invites the Supreme Court to Depart from ‘Plain Meaning’
Will the Supreme Court add words to Section 523(a)(2)(A) to yield a result that the justices find more palatable?
Supreme CourtDecember 07, 2022
Supreme Court Hears Argument on Section 363(m): Is It Jurisdictional or Not?
The justices seem inclined to hold that Section 363(m) is not jurisdictional, if they first decide that the appeal is not moot.
Supreme CourtOctober 07, 2022
Abbreviating the Debtor’s Name on a UCC-1 Made the Security Interest Unperfected
Because Florida filing offices do not use ‘standard search logic,’ a financing statement must use the debtor’s precise, unabbreviated legal name.
11th CircuitSeptember 30, 2022
Although It Paid Creditors in Full, Eleventh Circuit Subordinates an Unauthorized Loan
Eleventh Circuit gives the bankruptcy judge wide discretion in subordinating debts and denying retroactive approval of loans.
11th Circuit