November 10, 2021
Eleventh Circuit Differentiates the Two Standards for Approval of Non-Debtor Releases
The Eleventh Circuit has two standards for non-debtor releases: One for free-standing settlements and another for releases engrafted into chapter 11 reorganization plans
11th CircuitOctober 15, 2021
Supreme Court Update: Equitable Mootness Not Ready for Prime Time
An arbitration case to be argued in November may inform bankruptcy courts whether they must enforce arbitration agreements.
Supreme CourtAugust 09, 2021
‘Cert’ Petitions Raise Equitable Mootness and Federal Preemption in the Supreme Court
‘Cert’ petitions presenting two bankruptcy issues worthy of review by the Supreme Court will be considered by the justices at the ‘long conference’ on September 27.
Supreme CourtApril 15, 2021
Holding Impounded Cars Still Might Violate the Automatic Stay, Seventh Circuit Says
Seventh Circuit says that Fulton left open the question of whether holding an impounded car violates Sections 362(a)(4) or (a)(6).
7th CircuitMarch 16, 2021
Solicitor General Says the Second Circuit ‘Erred’ in Tribune Safe Harbor Decision
Despite several errors about the safe harbor, the government recommends that the Supreme Court deny certiorari in Tribune.
Supreme CourtMarch 03, 2021
Second Circuit Ducks a Critical Vendor Appeal
An appeal from a critical vendor order was dismissed as equitably moot.
2nd CircuitFebruary 22, 2021
Rule 54(b) Can’t Be Used to Certify an Interlocutory Appeal to the Circuit
Federal Rule 54(b) is not an alternative to 28 U.S.C. § 158(a)(3) and Bankruptcy Rule 8004 for certifying an interlocutory appeal.
11th CircuitDecember 22, 2020
Statement of Profitability Must Be in Writing to Underpin a Nondischargeability Claim
A statement about the profitability of a corporation the debtor owns is a statement about the debtor’s own financial condition, the Fifth Circuit says.
5th CircuitDecember 21, 2020
Circuit Whacks a Bankruptcy Lawyer with Sanctions for a Brief ‘Littered’ with ‘Rants’
Eleventh Circuit hits an attorney for a brief citing Bugs Bunny rather than caselaw authority.
11th CircuitDecember 02, 2020
New York’s High Court Splits on Federal Preemption of Tortious Interference Claims
New York Court of Appeals decision opens the door to state court suits against third parties who cause debtors to breach contracts with lenders.
2nd Circuit, New York