November 11, 2020
Filing in a State Doesn’t Always Require Claiming Exemptions Under that State’s Laws
The Ninth Circuit BAP explained that debtors may claim exemptions under the law of the state where they are domiciled, which may not be where they filed or reside.
9th CircuitNovember 06, 2020
Fifth Circuit Upholds Constitutionality of Increase in U.S. Trustee Fees
Dissenter in the Fifth Circuit believes that having both U.S. Trustees and bankruptcy administrators violates the Uniformity Clause.
5th CircuitNovember 05, 2020
Creditors Lack Standing to Enforce the Automatic Stay in the Ninth Circuit
A subordinate lender lacked appellate standing to appeal the annulment of the automatic stay in favor of a senior lender.
9th CircuitOctober 15, 2020
Fifth Circuit Again Says: No ‘Futility Defense’ Under the Texas UFTA
Following the answer by the Texas Supreme Court to a certified question, the Fifth Circuit again rules that an inability to discover fraud won’t absolve a transferee from the duty to investigate suspicions of fraud.
5th CircuitOctober 13, 2020
Supreme Court Hears Argument in Fulton: Is Inaction an Automatic Stay Violation?
Supreme Court to resolve a circuit split by deciding whether a change in the status quo must occur before the automatic stay is violated.
Supreme CourtSeptember 08, 2020
Ninth Circuit: Government Doesn’t Pay Counsel Fees on Reversal of Sua Sponte Actions
Will there be occasions where the government must pay a debtor’s counsel’s fees when a U.S. Trustee unsuccessfully opposes a debtor’s initiative?
9th CircuitAugust 28, 2020
Third Circuit Backtracks; Malice Not Required for Punies on a Dismissed Involuntary
Even when after a finding of bad faith, the court retains discretion to deny punitive damages, Third Circuit says. Compensatory damages are not available if the debtor was failing anyway.
3rd CircuitAugust 14, 2020
Second Circuit Holds that Flip Clauses in Swaps Are Enforceable
Even if flip clauses are ipso facto clauses, the Second Circuit holds that enforcement is permitted by the safe harbor in Section 560.
2nd CircuitJuly 01, 2020
The Ninth Circuit and the BAP Draw Opposite Conclusions from the Same Testimony
For the circuit court, scant evidence is enough to uphold the trial court’s findings of fact.
9th CircuitJune 16, 2020
Ninth Circuit Criticizes the Supreme Court’s Kelly v. Robinson
Discovery sanctions are dischargeable under Section 523(a)(7), even when incorporated into a bar disciplinary suspension.
9th Circuit