August 08, 2023
The Second Circuit split with the First Circuit, which had permitted nationwide class actions because the discharge injunction is statutory.
2nd Circuit
August 03, 2023
Bound by the Third Circuit’s first LTL decision, the bankruptcy court found that LTL’s rejiggered second filing suffered from the same defect: no immediate financial distress.
3rd Circuit, New Jersey
July 17, 2023
A repeat filer in chapter 13 must show ‘clear and convincing evidence’ of improved financial condition to warrant an extension of the automatic stay under Section 362(c)(3)(B), Chief Judge Taddonio says.
3rd Circuit, Pennsylvania, Pennsylvania Western District
July 05, 2023
When the debtor files bankruptcy before the time has elapsed for a creditor to file a cross appeal, the cross appeal is deemed timely when filed within 30 days after the stay terminated, the Tenth Circuit held.
10th Circuit
June 27, 2023
Split 5/4, the Supreme Court rules that denial of a motion to compel arbitration automatically imposes a stay pending appeal.
Supreme Court
June 23, 2023
The Fourth Circuit majority upheld a preliminary injunction barring tort suits against a debtor’s nonbankrupt affiliates following a Texas divisional merger.
4th Circuit
June 19, 2023
At least where nondebtor releases are prohibited, and if Delaware law controls, a suit against an alter ego doesn’t violate the discharge injunction, the Ninth Circuit BAP says.
9th Circuit
May 03, 2023
The bankruptcy judge only gave nondebtor J&J companies a more limited stay in the second LTL chapter 11 case.
3rd Circuit, New Jersey
May 02, 2023
A landlord who terminates a lease isn’t entitled to a claim for future rent, at least in Florida, according to a district judge who affirmed Bankruptcy Judge Isicoff.
11th Circuit, Florida, Florida Southern District
