June 16, 2022

Plan Amendment Barred When Just a Few Claims Had Been Paid After Confirmation

Substantial consummation under Section 1193(b) was defined by the bankruptcy court to mean commencement of distributions to some but not all creditor classes.

7th Circuit, Illinois, Illinois Northern District

June 15, 2022

Supreme Court Won’t Rule on Remedies for Overpayments and Violation of Rule 3002.1

The Supreme Court on June 13 declined to hear two bankruptcy cases in the term to begin next October.

Supreme Court

June 14, 2022

Published Notice Doesn’t Result in Discharge of Some Types of Lease Claims

Status as a ‘known’ or ‘unknown’ creditor misses the point when a lease was either assumed or rode through the chapter 11 case, Judge Jernigan says.

5th Circuit, Texas, Texas Northern District

June 13, 2022

A Corporation Can’t Appeal an Order Converting Its Own Case to Chapter 7

Former managers of a corporation can appeal a conversion order in their own right, Tenth Circuit says.

10th Circuit

June 08, 2022

Rule 9011 Sanctions Imposed for Filing Decedent’s Estate to Halt Foreclosure

Judge Christopher Klein lays out the requisites for imposing sanctions under Rule 9011 for frivolous filings.

9th Circuit, California, California Eastern District

June 07, 2022

A Receiver May Move to Dismiss an Involuntary Petition, but May Not Answer

Surprisingly, there is little authority on whether or how a receiver may respond to the filing of an involuntary petition.

7th Circuit, Illinois, Illinois Northern District

June 06, 2022

2018 Increase in U.S. Trustee Fees Held Unconstitutional by the Supreme Court

The Supreme Court’s unanimous opinion avoids saying whether the dual system of U.S. Trustees and Bankruptcy Administrators is itself unconstitutional.

Supreme Court

June 01, 2022

Bidding Not Always Required When a Settlement Includes a Sale of Assets, BAP Says

If there are mutual claims, the Ninth Circuit BAP gives the court discretion not to evaluate a settlement as a sale.

9th Circuit

May 31, 2022

Supreme Court on Arbitration (Again): Perhaps Bankruptcy Is Exempt from Arbitration?

Cutting back on knee-jerk invocation of arbitration, the Supreme Court says that agreements to arbitrate are no more enforceable than ordinary contracts.

Supreme Court

May 26, 2022

Courts Split on Committee Intervention as of Right in Adversary Proceedings

The circuits are split on whether a creditors’ committee may intervene as of right in adversary proceedings under Section 1109(b).

11th Circuit, Florida, Florida Southern District