February 16, 2024
A stipulated dismissal, even with prejudice, doesn’t mean that the claims were ‘actually litigated’ for the purpose of claim preclusion, the Sixth Circuit says.
6th Circuit
February 14, 2024
If the requisites for a preliminary injunction are met, a trustee might be able to freeze some of a preference defendant’s assets when a prejudgment attachment is not available.
9th Circuit, California, California Central District
February 09, 2024
Absent a provision in the plan to the contrary, creditors aren’t given estate assets recovered after the final plan payment.
9th Circuit, Idaho
February 07, 2024
An opinion by Denver’s Judge McNamara describes the four interpretations of Section 1189(b) and follows the meaning given to Section 1221.
10th Circuit, Colorado
January 24, 2024
Although examiners must be appointed on motion, the Third Circuit says that the bankruptcy court retains ‘broad discretion’ to fix the scope and cost of the investigation.
3rd Circuit
January 16, 2024
Several justices seemed to believe that ‘prospective relief’ is sufficient to remedy the due process violation because the alternatives are ineffective.
Supreme Court
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 14, 2023
Acquiescence in an appeal to a BAP waives any right to de novo review by an Article III judge.
9th 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
