May 10, 2022
Circuits More Deeply Split on Waiver of Sovereign Immunity for Native American Tribes
Over a vigorous dissent, the First Circuit Joins the Ninth Circuit by holding that Section 106(a) waives tribes’ sovereign immunity.
1st CircuitMay 06, 2022
It’s Not Easy to Set Aside Releases for Fraud, Judge Whitman Holt Says
To settle with a trustee, a creditor is not required to volunteer damaging information.
9th Circuit, MontanaApril 29, 2022
Fourth Circuit Rejects Frontal Assault on In Pari Delicto as a Bar to Suits by a Trustee
Circuit refuses to make an exception for trustees regarding the judge-made doctrine of in pari delicto.
4th CircuitApril 27, 2022
Contempt Under Rule 9011, Section 105(a) and Inherent Authority Isn’t Interchangeable
The Ninth Circuit BAP explained the differences between contempt under Rule 9011, Section 105(a) and inherent authority.
9th CircuitApril 22, 2022
Fourth Circuit Rules Emphatically that Taggart Applies to All Contempt in Bankruptcy
Reliance on advice of counsel is not a complete defense to contempt citations.
4th CircuitApril 08, 2022
‘Reasonable Possibility’ of a Surplus Gives a Debtor Standing in Chapter 7
Due process considerations mean it’s not harmless error if a debtor was denied standing improperly.
6th Circuit, Tennessee, Tennessee Middle DistrictApril 07, 2022
‘Once a Creditor, Always a Creditor,’ Even if the Claim Is Paid, Judge Phillips Says
Being branded as a creditor is like a tattoo; it won’t ever come off.
4th Circuit, Virginia, Virginia Eastern DistrictMarch 31, 2022
Debtor Can’t Be Punished for Shifting Legal Theories After an Unfavorable Decision
ate law might provide an equitable basis for denying a state-law exemption, although Law v. Siegel won’t permit equity to defeat an exemption claim under federal law.
9th CircuitMarch 14, 2022
Another New York District Judge Is Hostile to Nondebtor, Third-Party Releases
At the risk of committing error, a district judge in New York reads a third-party release to cover only derivative claims, not direct claims that a creditor may have against a nondebtor.
2nd Circuit, New York, New York Southern DistrictMarch 01, 2022
Johnson & Johnson Survives a Motion to Dismiss that Alleged a Bad Faith Filing
Judge in New Jersey explains why chapter 11 is the best alternative for a large company to deal with mass torts.
3rd Circuit, New Jersey