January 25, 2024
The Fifth Circuit answered one of the two questions being posed at this year’s Duberstein Moot Court Competition.
5th Circuit
January 05, 2024
The Sixth Circuit holds that a debtor cannot recover attorneys’ fees from the U.S. Trustee under the EAJA in a contested matter, but leaves open the possibility of liability for counsel fees in a losing adversary proceeding.
6th Circuit
December 11, 2023
Some authority from the Supreme Court suggests that a contempt order without imposition of attorneys’ fees would not be final in a bankruptcy case.
11th Circuit
December 05, 2023
At oral argument, the justices were focused on whether the word “appropriate” in Section 1123(b)(6) allows chapter 11 plans to include nonconsensual, nondebtor third-party releases.
Supreme Court
November 13, 2023
The Second Circuit is remanding to district court for a ruling on the relief available to the landlord, given that the sale closed years ago.
2nd Circuit
November 09, 2023
The Madoff case makes more law: A claim against a bankrupt estate can’t be set off against liability for receipt of a fraudulent transfer because one arose before bankruptcy and the other arose after.
2nd Circuit, New York, New York Southern District
October 23, 2023
A district judge, who had been a bankruptcy and BAP judge, narrowly interpreted 28 U.S.C. § 1412 as being inapplicable to pending suits only “related to” the bankruptcy.
10th Circuit, Kansas
