April 20, 2022
Supreme Court Hears Argument on Constitutionality of 2018 Increase in U.S. Trustee Fees
At oral argument, the justices seemed more concerned about the remedy to give if the dual fee system was unconstitutional.
Supreme CourtApril 15, 2022
Target of Lawsuit Doesn’t Have Standing to Appeal a Litigation Funding Agreement
The Eleventh Circuit explained how prudential (or ‘person aggrieved’) standing is a higher standard more difficult to meet than constitutional (or ‘Article III’) standing.
11th CircuitApril 04, 2022
A Contempt Finding that’s Not ‘Final’ Can’t Be Appealed, Second Circuit Says
A prevailing party can’t appeal arguably erroneous findings.
2nd CircuitFebruary 03, 2022
Trustee’s Counsel Is Paid Only for Services Requiring Legal Expertise
A successful outcome does not entitle an attorney to be paid for performing administrative services delegated to the trustee.
5th CircuitJanuary 12, 2022
Supreme Court to Resolve Circuit Split on the 2018 Increase in U.S. Trustee Fees
The Supreme Court granted certiorari to decide whether the 2018 increase in U.S. Trustee fees violated the Bankruptcy Clause because it was not immediately applicable in two states with Bankruptcy Administrators.
Supreme CourtJanuary 07, 2022
Earned Income Tax Credit Held Exempt by the Ninth Circuit BAP
The EITC and the ACTC are both exempt in states with broadly defined “public assistance,” the Ninth Circuit BAP says.
9th CircuitDecember 23, 2021
Creating a Split, Second Circuit Says that Section 363(m) Is Jurisdictional
The new decision from the Second Circuit is based on prior opinions where the appeals court said there was no “jurisdiction” when it would have been correct to say there was no “power.”
2nd CircuitDecember 10, 2021
Circuit Panel Urges En Banc Reconsideration of the Vanishing Homestead Exemption
A panel of the Ninth Circuit implicitly urged en banc reversal of two decisions holding that a homestead exemption is lost if the proceeds are not reinvested within the time required by state law, even if the exemption was valid on the filing date.
9th CircuitDecember 09, 2021
Government Urges Supreme Court to Review Constitutionality of the 2018 Increase in U.S. Trustee Fees
The U.S. Solicitor General wants the Supreme Court to resolve a circuit split and decide whether the increase in U.S. Trustee fees violated the Bankruptcy Clause because it was not immediately applicable in two states with bankruptcy administrators.
Supreme CourtDecember 03, 2021
Ninth Circuit Affirms the BAP on the Outer Limits of the Discharge Injunction
Deducting a discharged loan to a child from her inheritance didn’t violate the discharge injunction.
9th Circuit