May 15, 2023
Ninth Circuit says that the ‘person aggrieved’ standard for appellate standing was superseded by Article III standing on adoption of the Bankruptcy Code in 1978.
9th Circuit
May 12, 2023
Even if an appeal is equitably moot, the appellate court nonetheless has appellate jurisdiction. Equitable mootness is prudential, not jurisdictional.
5th Circuit
May 10, 2023
An appeal from an interlocutory order can’t be made final by the district court’s entry of judgment on the first appeal.
10th Circuit
May 05, 2023
The Seventh Circuit explained how preponderance of the evidence became the standard of proof for turnovers and dischargeability when the Bankruptcy Code replaced the Bankruptcy Act.
7th Circuit
April 26, 2023
It appears as though the Supreme Court will decide Lac du Flambeau based entirely on textual analysis of Section 106(a), which does not explicitly abrogate sovereign immunity as to Native American tribes.
Supreme Court
April 25, 2023
Damages for a constructively fraudulent transfer were the difference between what the buyer paid and what the business was really worth, based on accurate income and expenses.
2nd Circuit, New York, New York Eastern District
April 24, 2023
Judge Bason of Los Angeles would permit a creditor in ‘limited circumstances’ to undertake Rule 2004 discovery in a chapter 15 case to further the court’s ‘assistance of the foreign main proceeding.’
9th Circuit, California
April 19, 2023
The Supreme Court’s MOAC decision contains language casting doubt on the validity of the doctrine of equitable mootness.
Supreme Court
April 18, 2023
Although the automatic stay does not require turning over property garnished before bankruptcy, a creditor may not continue garnishing property after filing, Judge Burgess says.
11th Circuit, Florida, Florida Middle District
March 29, 2023
The district court characterized the agreement not as creating a trust but as a device designed to win priority over a prior, perfected security interest.
5th Circuit, Texas, Texas Northern District
