May 19, 2022
Nonjudicial Foreclosure Wipes Out Deficiencies for the FCRA, Ninth Circuit Says
The Ninth Circuit equates nonjudicial foreclosure with bankruptcy discharge in terms of the effect on deficiencies following foreclosure.
9th CircuitMay 17, 2022
Importance of the Supreme Court’s Upcoming Bartenwerfer Decision Seen in Florida Case
The decision by the Supreme Court next term in Bartenwerfer will tell us whether debts can be automatically nondischargeable, even when the debtor is without fault.
11th Circuit, Florida, Florida Southern DistrictMay 16, 2022
Denial of Receipt by Itself Won’t Defeat the ‘Mailbox Presumption,’ District Judge Says
Special counsel unfamiliar with bankruptcy procedures weren’t excused from the requirement to file a final fee application by the deadline.
10th Circuit, ColoradoMay 10, 2022
Circuits More Deeply Split on Waiver of Sovereign Immunity for Native American Tribes
Over a vigorous dissent, the First Circuit Joins the Ninth Circuit by holding that Section 106(a) waives tribes’ sovereign immunity.
1st CircuitMay 02, 2022
Liens on Impounded Cars Are Judicial Liens that May Be Avoided, Seventh Circuit Says
The City of Chicago argued unsuccessfully that liens on cars are statutory because they arise automatically when the car is impounded.
7th CircuitApril 29, 2022
Fourth Circuit Rejects Frontal Assault on In Pari Delicto as a Bar to Suits by a Trustee
Circuit refuses to make an exception for trustees regarding the judge-made doctrine of in pari delicto.
4th CircuitApril 28, 2022
District Judge Barred Redesignation to SBRA in a Case Pending 16 Months
Redesignation under the SBRA might become a hot topic once again when (if) Congress raises the cap back to $7.5 million.
2nd Circuit, New York, New York Eastern DistrictApril 27, 2022
Contempt Under Rule 9011, Section 105(a) and Inherent Authority Isn’t Interchangeable
The Ninth Circuit BAP explained the differences between contempt under Rule 9011, Section 105(a) and inherent authority.
9th CircuitApril 26, 2022
Eighth Circuit to Decide Whether Avoidance Actions Are Estate Property that Can Be Sold
Authorities are split on whether avoidance actions are estate property that can be sold or can only be prosecuted by the trustee.
8th Circuit, Iowa, Iowa Northern DistrictApril 25, 2022
Another Circuit Says: Old Bankruptcies Aren’t Grounds for Removal to Federal Court
This month, two circuits found no ‘related to’ bankruptcy jurisdiction for climate-change lawsuits against energy companies.
9th Circuit