December 14, 2016

Missing One Briefing Deadline Doesn’t Justify Dismissing an Appeal

Consistent, dilatory conduct required for dismissing an appeal, circuit says.

11th Circuit

December 13, 2016

Substantive Consolidation with Non-Bankrupt Religious Institutions Barred by Section 303(a)

Substantive consolidation and involuntary bankruptcy are equivalent, district judge holds.

8th Circuit, Minnesota

December 12, 2016

Unresolved Attorneys’ Fees Do Not Affect ‘Finality,’ Eleventh Circuit Holds

Fee issues are collateral, not affecting a final ruling on the merits.

11th Circuit

December 08, 2016

‘Close Nexus’ Test Not Always Applicable for Post-Confirmation Jurisdiction

Rule 2004 may be used after confirmation, even if the plan does not reserve jurisdiction.

3rd Circuit, Delaware

December 06, 2016

New York Bankruptcy Judge Bars Use of ‘Safe Harbor’ When Bank Is Only a Conduit

Buffalo judge braves Second Circuit authority to disregard ‘safe harbor’ in stock buyback.

2nd Circuit, New York, New York Western District

December 05, 2016

Serving a Complaint on a Bank by Ordinary Mail Is a Nullity

Without service by certified mail, a bank is not compelled to respond to a complaint.

2nd Circuit, New York, New York Eastern District

December 02, 2016

BAP Strictly Requires Signing a Pleading for a Rule 9011 Sanction

Advice without signing a pleading does not give rise to a Rule 9011 sanction, but Section 1927 is another story.

6th Circuit

November 30, 2016

Ninth Circuit Extends Barton to Protect Creditors’ Committee Members

Ninth Circuit lays down rules governing derivative judicial immunity for official committee members.

9th Circuit

November 29, 2016

Section 106 Waivers of Sovereign Immunity May Be Unconstitutional Sometimes

Patriot Coal decision analyzes Supreme Court authorities on sovereign immunity.

4th Circuit, Virginia, Virginia Eastern District

November 21, 2016

Bankruptcy Powers Do Not Override Congressionally Mandated Internet Confidentiality

Third party’s emails are immune from discovery in bankruptcy, Judge Sontchi rules.

3rd Circuit, Delaware