June 27, 2023
Split 5/4, the Supreme Court rules that denial of a motion to compel arbitration automatically imposes a stay pending appeal.
Supreme Court
June 26, 2023
Two judges on the Sixth Circuit cast doubt on the validity of the doctrine of equitable mootness, even in chapter 11 reorganizations.
6th Circuit
June 16, 2023
The Supreme Court resolved a split of circuits in an opinion that could give support to the notion that arbitration agreements are not enforceable in bankruptcy.
Supreme Court
June 02, 2023
Although a stock purchase and a loan payoff were one month apart, a district judge in Indiana found a sufficient nexus to invoke the safe harbor and dismiss a fraudulent transfer suit.
7th Circuit, Indiana, Indiana Southern District
May 15, 2023
Ninth Circuit says that the ‘person aggrieved’ standard for appellate standing was superseded by Article III standing on adoption of the Bankruptcy Code in 1978.
9th Circuit
May 12, 2023
Even if an appeal is equitably moot, the appellate court nonetheless has appellate jurisdiction. Equitable mootness is prudential, not jurisdictional.
5th Circuit
May 05, 2023
The Seventh Circuit explained how preponderance of the evidence became the standard of proof for turnovers and dischargeability when the Bankruptcy Code replaced the Bankruptcy Act.
7th Circuit
