December 17, 2021
An individual chapter 7 debtor has standing to appeal if the appeal could affect the debtor’s right to a discharge.
5th Circuit
December 16, 2021
Although the bankruptcy court has subject matter jurisdiction after confirmation, the debtor cannot show ‘good cause’ for Rule 2004 discovery if it would confer an ‘unfair strategic advantage.’
11th Circuit, Florida, Florida Middle District
December 15, 2021
Judge Jernigan in Dallas differs with a judge in Delaware by declining to enforce an arbitration agreement that was part of a rejected contract.
5th Circuit, Texas, Texas Northern District
December 11, 2021
Despite Fulton, a Chicago bankruptcy judge rules that the City of Chicago might have violated Section 362(a)(4), (a)(6) or (a)(7) by refusing to release impounded cars immediately after a debtor files a chapter 13 petition.
7th Circuit, Illinois, Illinois Northern District
December 09, 2021
The U.S. Solicitor General wants the Supreme Court to resolve a circuit split and decide whether the increase in U.S. Trustee fees violated the Bankruptcy Clause because it was not immediately applicable in two states with bankruptcy administrators.
Supreme Court
December 08, 2021
Although a chapter 11 plan can bind parties throughout the world, Judge Sontchi wouldn’t let a foreign debtor sue a foreign bank in the Delaware bankruptcy court over a transaction that occurred in England.
3rd Circuit, Delaware
December 06, 2021
Persuasive authority is required before a creditor can be held in contempt for violating the automatic stay protecting a corporate debtor.
6th Circuit, Ohio, Ohio Southern District
December 02, 2021
The BAP decision may have a hint that failure to stop proceedings after bankruptcy can be an automatic stay violation, even after Fulton.
9th Circuit
December 01, 2021
In dicta, the Ninth Circuit BAP says that equitable estoppel cannot be applied against a debtor in view of the debtor’s fiduciary responsibilities.
9th Circuit
