August 16, 2021
A Trustee Can’t Always Avoid and Preserve an Unrecorded Mortgage for the Estate
Here’s an example of how state law prevents bankruptcy law from being uniform throughout the U.S.
1st CircuitAugust 11, 2021
NC Appellate Court Rules Plans Must Be Unambiguous to Hold a Creditor in Civil Contempt, Citing Taggart
After Taggart v. Lorenzen, plans, orders and injunctions must be highly specific to hold an offending creditor in contempt.
4th Circuit, North Carolina, North Carolina Eastern DistrictAugust 10, 2021
Eighth Circuit Comes Near to Abolishing Equitable Mootness
Circuit Judge Loken predicts the Supreme Court will abolish equitable mootness if the lower courts don’t cut back and start reviewing the merits of confirmed chapter 11 plans.
8th CircuitAugust 09, 2021
‘Cert’ Petitions Raise Equitable Mootness and Federal Preemption in the Supreme Court
‘Cert’ petitions presenting two bankruptcy issues worthy of review by the Supreme Court will be considered by the justices at the ‘long conference’ on September 27.
Supreme CourtAugust 06, 2021
Statutory Mootness of Sale Orders Even Overrides Alleged Due Process Violations
Fifth Circuit rejects technical arguments aimed at skirting Section 363(m) and statutory mootness of a sale order.
5th CircuitAugust 05, 2021
Second Circuit Makes Taggart Applicable to All Contempt Citations in Bankruptcy Court
Even for egregious, repeated violations of Bankruptcy Rule 3002.1, the bankruptcy court may only award recovery of economic losses, never punitive damages.
2nd CircuitAugust 02, 2021
A Motion to Dismiss as of Right Doesn’t Bar the Court from Dismissing with Prejudice
Ninth Circuit BAP doesn’t require a formal motion to dismiss with prejudice when a debtor files a voluntary motion to dismiss as of right under Section 1307(b).
9th CircuitJuly 29, 2021
Circuits Split on Allowing Debtors to Cure Chapter 13 Plan Defaults After Five Years
Tenth Circuit splits with the Third and Seventh Circuits on allowing a debtor to cure defaults after a five-year plan has ended.
10th CircuitJuly 26, 2021
General Default Judgment Didn’t Satisfy Requirements of Issue Preclusion, Circuit Says
If the complaint was properly plead, a general default judgment might invoke issue preclusion to bar discharge of a debt.
11th CircuitJuly 22, 2021
Circuits Split on Finality of Rule 2004 Discovery Orders in Chapter 15 Cases
Citing Ritzen as the reason, the Eleventh Circuit disagreed with the Second Circuit regarding the finality of Rule 2004 discovery orders in chapter 15 cases.
11th Circuit