October 16, 2023
28 U.S.C. § 1961(a) Requires Post-Judgment Interest, the Fifth Circuit Holds
As a unit of the district courts, bankruptcy courts are required to grant post-judgment interest in adversary proceedings under 28 U.S.C. § 1961(a).
5th CircuitOctober 05, 2023
The Standard for Enlarging the Time to File a Subchapter V Plan
Judge Jacobvitz of New Mexico follows Judge Harner of Maryland in developing a standard for deciding whether a Subchapter V debtor may extend the time for filing a plan.
10th Circuit, New MexicoOctober 03, 2023
It’s Ok to Avoid a Fraudulent Transfer Even if It Makes the Debtor Solvent, Circuit Says
The Second Circuit found discretion to avoid a constructively fraudulent transfer of exempt property that would have enabled the debtor to pay her creditors in full.
2nd CircuitOctober 02, 2023
Bankruptcy Judge Hints: Third Circuit Precedent on Public Records May Be Too Broad
Delaware’s Judge Goldblatt seems to be recommending that the Third Circuit close a loophole in confidentiality agreements.
3rd Circuit, DelawareSeptember 29, 2023
Foreign Sovereign Immunity Bars the Madoff Trustee from Recovering $20 Million
A district judge in New York reversed the bankruptcy court, which had held that a Kuwaiti public pension fund was not entitled to sovereign immunity for having engaged in commercial activity.
2nd Circuit, New York, New York Southern DistrictSeptember 27, 2023
A Settlement Term Sheet Signed After Mediation Was an Enforceable Contract
The state law standards for creation of a contract governed enforceability of a term sheet signed after mediation.
3rd Circuit, Pennsylvania, Pennsylvania Eastern DistrictSeptember 21, 2023
Supreme Court Will Soon Grant or Deny ‘Cert’ to Rule on Refunds for UST Overpayments
The bankruptcy court in Delaware sided with four circuits by directing the U.S. Trustee to give refunds for overpayment of fees that were not uniform throughout the country.
3rd Circuit, DelawareSeptember 19, 2023
Fourth Circuit: Bankruptcy Courts Aren’t Bound by Article III’s Case or Controversy Requirements
The Fourth Circuit says that bankruptcy courts have broader jurisdiction than other federal courts and that some of their decisions are unreviewable by Article III courts.
4th CircuitSeptember 15, 2023
Chapter 7 Debtors Have No Appellate Standing to Challenge a Short Sale, Circuit Says
Ninth Circuit doesn’t allow debtors to appeal when a trustee sells their home out from underneath them in a short sale.
9th CircuitSeptember 08, 2023
Coercive Contempt Sanctions Upheld by Second Circuit Under Inherent Authority
Court’s inherent authority to sanction allows coercive contempt sanctions where rules and statutes are not up to the task.
2nd Circuit