March 09, 2023

Dismissal Isn’t Mandatory if a New Filing Is Within 180 Days of a Voluntary Dismissal

Courts are split on whether Section 109(g)(2) mandates dismissal whenever an individual or family farmer refiles within 180 days, regardless of whether a lift-stay motion prompted dismissal of the first case.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

March 08, 2023

Seventh Circuit Upholds $9.5 Million in Sanctions for Violating a Plan Injunction

When there was a knowing violation of injunctions in the plan and confirmation order, the Seventh Circuit said that the appeal bordered on frivolous.

7th Circuit

March 07, 2023

Revlon Says: Creditors Lack Standing to Assert Claims of ‘General Interest to the Estate’

A creditor with ‘derivative’ claims based on preference or fraudulent transfer can’t convert them to ‘direct’ claims by asking for equitable relief.

2nd Circuit, New York, New York Southern District

March 01, 2023

First Circuit Writes a Treatise on the Elements of Judicial Estoppel

Disputed facts can defeat invocation of judicial estoppel on summary judgment.

1st Circuit

February 23, 2023

Debts for a Partner’s Fraud Are Still Nondischargeable, the Supreme Court Says

The opinion by Justice Barrett largely bases the outcome on the use of the passive voice in Section 523(a)(2)(A).

Supreme Court

February 22, 2023

Eleventh Circuit Explains an Interlocutory Order Can Become ‘Final’ for an Appeal

Federal Rule 41(a)(1)(A) only permits voluntary dismissal of an entire action, not individual claims, the Eleventh Circuit says.

11th Circuit

February 21, 2023

Converting a Foreign ‘Rescue’ to Liquidation Doesn’t Require a New Chapter 15 Petition

If there’s an appeal, Bankruptcy Judge Garrity told the district judge all there is to know about chapter 15.

2nd Circuit, New York, New York Southern District

February 15, 2023

Nonseverability Won’t Make a Confirmation Appeal Equitably Moot in the Fifth Circuit

When it comes to overbroad exculpations and nondebtor releases, a nonseverability clause in a chapter 11 plan won’t invoke equitable mootness to dismiss an appeal from confirmation.

5th Circuit, Texas, Texas Southern District

February 10, 2023

Sometimes, a Settlement with No Admission of Liability Can Be Nondischargeable

To avoid automatic nondischargeability, the debtor in the settlement of a fraud suit must deny liability.

5th Circuit, Texas, Texas Eastern District

February 07, 2023

Are Chapter 13 Creditors Entitled to Proceeds from a Post-Confirmation Tort Claim?

The Code and the Rules are unclear about a chapter 13 debtor’s obligation to disclose assets acquired post-petition that were not derived from income.

11th Circuit, Florida, Florida Southern District