April 05, 2023

Rebuffed in Bankruptcy Court, the Government Wins a Stay of Voyager’s Confirmation

The U.S. Attorney argued in district court that the Voyager plan would bar the government from enforcing federal regulations and criminal laws.

2nd Circuit, New York, New York Southern District

April 03, 2023

‘Person Aggrieved’ for Appellate Standing Test May Have Died, but May Be Resurrected

Sixth Circuit judges wrote 17 pages of dicta to muse on whether the ‘person aggrieved’ test for appellate standing died with the adoption of the Bankruptcy Code but remains good law under the ‘zone-of-interests’ test.

6th Circuit

March 31, 2023

$400,000 in Sanctions Upheld for Violation of a Confidentiality Order

A large sanction was civil, not criminal, because it was designed for deterrence.

5th Circuit, Louisiana, Louisiana Eastern District

March 28, 2023

Ninth Circuit BAP Rules on a Question to Be Decided Soon by the Supreme Court

Like the question in MOAC to be decided soon by the Supreme Court, the BAP says that the qualifications for an involuntary petitioner are not jurisdictional and can be waived.

9th Circuit

March 27, 2023

A Lawsuit to Collect a ‘DSO’ Runs the Risk of Violating the Automatic Stay

Although collecting a ‘DSO’ from non-estate property is permitted by Section 362(b)(2)(B), a district judge says that an in personam suit against the debtor can violate the automatic stay.

4th Circuit, Virginia, Virginia Western District

March 24, 2023

‘13’ Debtors Need to Know Whether They Lose Appreciation When They Sell a Home

One of the biggest unanswered questions in chapter 13 sometimes forces debtors to keep homes they need to sell or strips away appreciation if they are forced to sell.

4th Circuit, Virginia, Virginia Eastern District

March 23, 2023

Here’s How a Disclaimed Inheritance Can Be Recovered Under Section 544(b)

Although a disclaimed inheritance is ordinarily beyond the avoiding powers, a trustee can step into the shoes of the IRS to set aside the disclaimer.

7th Circuit, Illinois, Illinois Southern District

March 20, 2023

Although Interlocutory, Orders Refusing to Compel Arbitration Can Be Appealed

An appeal brewing in West Virginia may give the Fourth Circuit an opportunity to decide when or whether arbitration agreements are enforceable in bankruptcy.

4th Circuit, West Virginia

March 13, 2023

It’s Not Easy for a Lender to Block an LLC from Filing Bankruptcy

A small business debtor must consent for a case to be converted to Subchapter V, Judge Robert Jones says.

5th Circuit, Texas, Texas Northern District

March 10, 2023

DocuSign Not Permitted Absent Existence of the Document with a ‘Wet’ Signature

As a general rule, counsel must show the existence of a document with a ‘wet’ signature to use an electronically signed version in court.

9th Circuit, California, California Eastern District