January 19, 2023

Dubious Eleventh Circuit Opinion Permits Collateral Attack on Final Confirmation Order

Although the chapter 13 confirmation order was concededly final and enforceable, the appeals court set aside a plan provision modifying a residential mortgage.

11th Circuit

January 10, 2023

Crypto Customers Don’t Own Their Deposits with Celsius Network, Judge Glenn Says

Applying ordinary contract law, New York judge rules that customers are bound by contracts they haven’t read.

2nd Circuit, New York, New York Southern District

January 03, 2023

Claims Trader Criticized in New York for an Unauthorized PACER Filing

A court filing by a claims trader was stricken from the docket because it contained judges’ direct email addresses.

2nd Circuit, New York, New York Southern District

December 27, 2022

An Order Allowing a Priority Claim Must Be Appealed Immediately, Circuit Says

An appeal from an order ruling on allowance of a priority claim must be taken immediately, not on confirmation of a chapter 11 plan.

11th Circuit

December 19, 2022

Second Circuit: Unimpaired, Unsecured Creditors Don’t Get Post-Petition Interest

There’s no circuit split on post-petition interest, because the Second Circuit agreed with the Third, Fifth and Ninth Circuits.

2nd Circuit

December 09, 2022

Third Circuit Importuned to Rule on Survival of the Solvent-Debtor Exception

Sticking to her guns, Bankruptcy Judge Mary Walrath rules that the solvent-debtor exception was abrogated by the adoption of the Bankruptcy Code, but certifies a direct appeal to the Court of Appeals.

3rd Circuit, Delaware

November 17, 2022

Second Circuit Again Uses ‘Hypothetical Jurisdiction’ to Dodge a Tough Question

Legal malpractice claims can be either tort or contract claims, the Second Circuit explains.

2nd Circuit

November 10, 2022

In Mass Tort Cases, New York Judge Permits Redactions of Creditors’ Names

One month apart, two judges in New York differed on the extent to which they permitted redactions of information about creditors, their identities and addresses.

2nd Circuit, New York, New York Southern District

November 04, 2022

Differences Between Judicial and Statutory Liens Explained by Judge Heston

Only judicial liens that impair exemptions may be avoided under Section 522(f)(1).

9th Circuit, Washington, Washington Western District

November 03, 2022

Courts Split on Whether Bankruptcy Discharges Future Liability on a Guarantee

Milwaukee district judge rules that bankruptcy does not cut off future liability on a personal guarantee issued before bankruptcy.

7th Circuit, Wisconsin, Wisconsin Eastern District