Skip to main content
ABI Journal

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 Circuit

May 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, Montana

April 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 Circuit

April 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 Circuit

April 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 Circuit

April 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 District

April 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 District

March 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 Circuit

March 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 District

March 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