April 04, 2022
A prevailing party can’t appeal arguably erroneous findings.
2nd Circuit
April 01, 2022
Submitting a retention order with the wrong word resulted in a pivotal issue on appeal.
3rd Circuit, Delaware
March 23, 2022
The circuits are now split 2/1 on the waiver of sovereign immunity under Section 544(b) for lawsuits by a trustee based on claims that could have been made by an actual creditor.
4th Circuit
March 18, 2022
The first court of appeals to reach the issue decides that the SBA properly interpreted the CARES Act to bar chapter 11 debtors from receiving PPP ‘loans.’
2nd Circuit
March 17, 2022
Fifth Circuit opinion shows that disallowance of a class proof of claim may preclude individual class members from filing late claims.
5th Circuit
February 28, 2022
The bankruptcy court has no discretion to deny recognition in chapter 15 if the requirements of Section 1517(a) have been met.
9th Circuit
February 25, 2022
Equitable tolling can extend the two-year deadline for filing complaints, but the deadline can’t be extended without notice to the defendants, even if they are unknown or unknowable.
9th Circuit, California, California Central District
