March 19, 2024
Rooker-Feldman Held Not to Prevent Relitigation of a Denied Exemption
The Supreme Court’s narrowing of Rooker-Feldman is showing up in circuit court opinions.
11th CircuitMarch 18, 2024
A ‘13’ Debtor Can’t Dismiss After Conversion to ‘7,’ Tenth Circuit BAP Says
A 14-day stay under Rule 7062 might have saved the chapter 13 debtor’s right to dismiss under Section 1307(b).
10th CircuitMarch 15, 2024
Being a ‘Net Winner’ in a Ponzi Scheme Doesn’t Automatically Mean Nondischargeability
Alleging that a debtor realized an ‘impossibly high’ rate of return in a Ponzi scheme isn’t enough to state a claim of nondischargeability for ‘actual fraud.’
4th Circuit, North Carolina, North Carolina Eastern DistrictMarch 07, 2024
Ritzen and Bullard Didn’t Change the ‘Pragmatic Approach’ to Bankruptcy Finality
Under binding circuit precedent, a Delaware district judge ruled that an order denying a motion to dismiss a chapter 11 case is final and appealable.
3rd Circuit, DelawareMarch 06, 2024
Judge Easterbrook Says: Bankruptcy Court Could Set Aside Erroneous State Court Ruling
By referring to the Rooker-Feldman doctrine, the appellant might have won an appeal where the bankruptcy court effectively set aside an erroneous decision by a state court regarding discharge.
7th CircuitMarch 04, 2024
A Bankrupt Defendant Complicates Filing an Appeal Against Everyone Else
The Sixth Circuit explains how to appeal when the automatic stay prevents an order in a multi-defendant suit from becoming a final order.
6th CircuitFebruary 26, 2024
Fifth Circuit: MOAC Didn’t Weaken Section 363(m) on Statutory Mootness for Sales
The Fifth Circuit used Section 363(m) to avoid ruling on equitable mootness following consummation of a chapter 11 plan.
5th CircuitFebruary 23, 2024
Rule 9006(b) Permits Bankruptcy Courts to Extend Statutes of Limitations
Extending statutes of limitations does not affect ‘substantive’ rights, thus the Rules Enabling Act does not preclude a rule from allowing an extension, Judge Julie Manning says.
2nd Circuit, ConnecticutFebruary 21, 2024
Supreme Court Won’t Decide Whether ‘13’ Trustees Are Paid When Plans Aren’t Confirmed
Any day now, the Second Circuit could create a split of circuits importuning the Supreme Court to decide whether chapter 13 trustees are paid fees even if no plan is confirmed.
Supreme CourtFebruary 20, 2024
Shareholder Standing Scrutinized in a Case that Presages Truck Insurance
Can Section 327(c) be unconstitutional as applied if it deprives shareholders of standing when the estate might be solvent?
3rd Circuit, Delaware