June 17, 2025
Sale of a Debtor’s Claim Was Champertous and Void, Fifth Circuit Says
Selling a debtor’s claims must be structured to avoid champerty under state law.
5th CircuitJune 10, 2025
Supreme Court Grants ‘Cert’ in a Bankruptcy Case on Rule 60(b)(4)
Coney Island is a bankruptcy case, but the question is whether there is a time limit for a Rule 60(b)(4) motion to set aside a judgment for lack of personal jurisdiction over the defendant.
Supreme CourtJune 09, 2025
In Setting Aside a Tax-Lien Foreclosure, a Hypothetical Gave Standing to the Debtor
If state law prohibits assertion of the homestead exemption in tax foreclosure and the debtor can’t take federal exemptions, does the debtor lack standing to set aside a fraudulent transfer?
2nd Circuit, New York, New York Eastern DistrictJune 05, 2025
There’s an Exception to the Rule that Fraudulent Transfer Recoveries Can’t Benefit Shareholders
When creditors have been paid in full, a trustee may pursue fraudulent transfers for the benefit of defrauded equity holders, Bankruptcy Judge Craig Goldblatt says.
3rd Circuit, DelawareJune 03, 2025
Like 18th Century England, There’s No Jury Trial Right for Stay Violations
Granfinanciera tells us to study English law from the 18th century in deciding when there’s a right to a jury trial in bankruptcy cases.
9th Circuit, Washington, Washington Western DistrictMay 08, 2025
Equity Won’t Extend the Deadline for Filing a Dischargeability Complaint
The circuits are split on whether equity can extend the 60-day deadline for filing dischargeability complaints.
3rd Circuit, Pennsylvania, Pennsylvania Eastern DistrictApril 21, 2025
Section 107 Governs Sealing of Court Documents, Not Common Law, Third Circuit Says
Section 107 more broadly protects trade secrets and confidential information than does common law.
3rd CircuitApril 11, 2025
In Pari Delicto Defense Doesn’t Apply to a Trustee Exercising Avoidance Powers
Because a trustee suing to recover a fraudulent transfer is acting in the interest of creditors, not the debtor, the in pari delicto defense does not apply, says Bankruptcy Judge Scott Clarkson.
9th Circuit, California, California Central DistrictApril 02, 2025
A Contempt Sanction Is Not a ‘Money Judgment’ and Doesn’t Require Writ of Execution
A contempt sanction upholds the integrity of the court and doesn’t invoke Rule 69(a).
2nd Circuit, New York, New York Southern DistrictMarch 19, 2025
Arbitration in Bankruptcy Isn’t All or Nothing, Judge David Cleary Says
Chicago’s Judge David Cleary called for post-confirmation arbitration of claims between the debtor and a creditor, but no arbitration for the creditor’s defenses, raising questions of bankruptcy law.
7th Circuit, Illinois, Illinois Northern District