June 15, 2022
Supreme Court Won’t Rule on Remedies for Overpayments and Violation of Rule 3002.1
The Supreme Court on June 13 declined to hear two bankruptcy cases in the term to begin next October.
Supreme CourtJune 14, 2022
Published Notice Doesn’t Result in Discharge of Some Types of Lease Claims
Status as a ‘known’ or ‘unknown’ creditor misses the point when a lease was either assumed or rode through the chapter 11 case, Judge Jernigan says.
5th Circuit, Texas, Texas Northern DistrictJune 06, 2022
2018 Increase in U.S. Trustee Fees Held Unconstitutional by the Supreme Court
The Supreme Court’s unanimous opinion avoids saying whether the dual system of U.S. Trustees and Bankruptcy Administrators is itself unconstitutional.
Supreme CourtMay 23, 2022
Contingent Indemnification Brings an Automatic Stay in Chapter 9, First Circuit Says
First Circuit won’t allow artful pleading to avoid the automatic stay in municipal bankruptcies.
1st CircuitMay 13, 2022
Sub V Has a Flexible Commitment Period in Cramdown, Ninth Circuit BAP Says
Unlike chapters 12 and 13, the bankruptcy court in Subchapter V has discretion in selecting the commitment period for confirmation of a cramdown plan.
9th CircuitMay 05, 2022
First Circuit Upholds Confirmation of Puerto Rico’s Debt Adjustment Plan
Federal preemption allowed rejection of the defined benefit pension plan for Puerto Rico’s teachers.
1st CircuitApril 28, 2022
District Judge Barred Redesignation to SBRA in a Case Pending 16 Months
Redesignation under the SBRA might become a hot topic once again when (if) Congress raises the cap back to $7.5 million.
2nd Circuit, New York, New York Eastern DistrictApril 20, 2022
Supreme Court Hears Argument on Constitutionality of 2018 Increase in U.S. Trustee Fees
At oral argument, the justices seemed more concerned about the remedy to give if the dual fee system was unconstitutional.
Supreme CourtApril 18, 2022
FishDish Proves that Ending Equitable Mootness Didn’t End the World as We Know It
Curtailing equitable mootness will benefit the bankruptcy community by fostering appellate decisions that clarify the standards for confirmation of chapter 11 plans.
8th Circuit, Iowa, Iowa Northern DistrictMarch 21, 2022
Invoking Mirant, Fifth Circuit Permits Rejection of a Gas Pipeline Contract
Unsuccessfully attempting to punch homes in Mirant, FERC emerged from the Fifth Circuit with no power to stop bankruptcy courts from rejecting contracts otherwise within FERC’s jurisdiction.
5th Circuit