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ABI Journal

April 22, 2024

Lawyer Hit with $47,000 in Sanctions for Filing Fictitious Schedules

A lawyer was found to have committed fraud on the court for filing schedules claiming ownership of property that another court had found not to be the debtor’s property.

2nd Circuit, New York, New York Southern District

April 19, 2024

Supreme Court Ruled Again on Arbitration, but Not (Yet) in Bankruptcy Cases

The Supreme Court again retreated from the idea that there’s a strong federal policy in favor of arbitration.

Supreme Court

April 18, 2024

The Eleventh Circuit Rails Against ‘Prudential Standing’

Three Eleventh Circuit Judges would have their appeals court sit en banc to stop dismissing for lack of standing when dismissal should be resulting from failure to state a claim under state law.

11th Circuit

April 09, 2024

Fifth Circuit Vacates $240,000 in Sanctions for Being Criminal, Not Civil, Contempt

The Fifth Circuit dissenter says that the majority set aside findings of fact without showing them to be clearly erroneous.

5th Circuit

April 05, 2024

Barton Doctrine Protected a Receiver from an Automatic Stay Violation

The district court properly reversed and dismissed for lack of subject matter jurisdiction under Barton.

5th Circuit, Texas, Texas Southern District

April 03, 2024

ERISA Claims Resolved in Bankruptcy Court, Not Through Arbitration

With two federal statutes in conflict, Delaware’s Judge Goldblatt found a rebuttable presumption in favor of enforcing arbitration.

3rd Circuit, Delaware

March 28, 2024

A Subchapter V Trustee in Possession Isn’t a Receiver, the Ninth Circuit Says

Affirming the BAP, the Ninth Circuit explains why a Subchapter V trustee in possession is not a receiver.

9th Circuit

March 25, 2024

Supreme Court Rules on Mootness, but Not Equitable Mootness

The unanimous decision on March 19 by Justice Gorsuch contains language that could be used on both sides of the argument about the validity of equitable mootness.

Supreme Court

March 22, 2024

Actual Notice Is Required for a Plan Injunction to Bind a Creditor

A creditor’s actual knowledge that a bankruptcy case exists isn’t enough for the creditor to be bound by a plan injunction, Delaware’s Judge Silverstein says.

3rd Circuit, Delaware

March 20, 2024

Seventh Circuit: Transfers of Nonpublic Securities Are Protected by the 546(e) Safe Harbor

The Seventh Circuit adopted a broad reading of the Section 546(e) safe harbor to dismiss a fraudulent transfer suit attacking a sale of nonpublic securities.

7th Circuit