September 02, 2025
Third Circuit Dissenter Says that Bankruptcy Judges ‘Assist’ Article III Judges
The dissenter on rehearing believes there are narrow grounds for reopening a closed bankruptcy case.
3rd CircuitAugust 29, 2025
Third Circuit: Confirmation Order Was Res Judicata Between Third Parties
The majority on a Third Circuit panel decided that a confirmation order many years earlier prevented one nondebtor from suing another nondebtor on an issue that wouldn’t affect the debtor’s estate but did entail interpreting the confirmation order.
3rd CircuitAugust 28, 2025
On Panel Rehearing, Third Circuit Permits Reopening a 22-Year-Old Case
Reversing its prior decision after rehearing, the Third Circuit allowed a bankruptcy judge to interpret a confirmation decision made 12 years before by a district judge.
3rd CircuitAugust 25, 2025
Another Judge Will Hold a Status Conference to Hear from Sex Abuse Survivors
Bankruptcy Judge Harner of Baltimore and Sacramento’s Bankruptcy Judge Klein have both authorized status conferences allowing abuse survivors to address the court and the church.
MarylandAugust 19, 2025
Allowed Claim Can’t Be Used Offensively, Second Circuit Says
Second Circuit barred offensive use of claim preclusion based on ‘fairness’ but hinted that offensive claim preclusion might never be permitted.
2nd CircuitAugust 18, 2025
11th Circuit Upholds Its Rule that There’s No Equitable Tolling for Dischargeability Complaints
The opinion reads like an invitation for the Eleventh Circuit to sit en banc and reconsider circuit authority holding that a claims-processing deadline is not subject to equitable tolling.
11th CircuitJuly 31, 2025
A Suit Nominally Against a Debtor Does/Doesn’t Violate the Discharge Injunction
In the Tenth Circuit, there’s a workaround for courts that believe it’s not possible to modify the statutory discharge injunction.
KansasJuly 25, 2025
A Lender Can’t Have a Lien on Avoidance Actions, District Judge Says
Just because an avoidance action is prepetition property under Section 541(a)(1) doesn’t mean that a lender can have a lien on the avoidance action as a general intangible, district judge says in affirming Bankruptcy Judge Thad Collins.
Iowa Northern DistrictJuly 02, 2025
A Promise Not to Enforce a Judgment Meant There Was No Discharge Violation
The inability to modify a Section 524(a) discharge put the Ninth Circuit BAP in a bind.
9th CircuitJune 30, 2025
Sixth Circuit Restricts Ability to Surrender Collateral and Modify a Chapter 13 Plan
Once a chapter 13 plan is confirmed, a debtor in the Sixth Circuit may not surrender collateral and treat the deficiency as an unsecured claim.
6th Circuit, Tennessee, Tennessee Middle DistrictPagination
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