July 21, 2021
Circuit Split on U.S. Trustee Fees Likely Won’t Reach the Supreme Court Until Fall 2022
Judge Hoffman sets up Sixth Circuit to opine on the circuit split regarding the constitutionality of the 2018 increase in fees for the U.S. Trustee system.
6th Circuit, Ohio, Ohio Southern DistrictJuly 16, 2021
Publication Notice Won’t Suffice for Creditors with Recorded Property Interests
Actual notice is required even for contingent liabilities not shown on financial statements, the Sixth Circuit holds.
6th CircuitJuly 13, 2021
IRA Withdrawals Aren’t Protected from Madoff Fraudulent Transfer Judgments
Madoff defendant socked with $280,000 in prejudgment interest for relitigating issues decided long ago.
2nd Circuit, New York, New York Southern DistrictJuly 12, 2021
Liquidating a Defunct Corporation Qualifies for the SBRA, Judge Lopez Says
Increasingly, courts are allowing defunct corporations to proceed under the SBRA while individual owners of defunct businesses aren’t being treated as small business debtors in chapter 11.
5th Circuit, Texas, Texas Southern DistrictJuly 06, 2021
Maryland Decision Shows the Hardship Imposed on Debtors by Student Loans
Judge Harner does the best she can to ease the burden imposed on a debtor by student loans.
4th Circuit, MarylandJuly 02, 2021
Sovereign Immunity Prevailed Because a Slot Machine License Isn’t ‘Property’
In Pennsylvania, a gaming license isn’t ‘property.’ It’s a revocable license that can’t be owned.
3rd CircuitJune 30, 2021
Concurrence Doubts Ninth Circuit Precedent Barring a Creditor from Enforcing the Stay
Two judges appointed to the Ninth Circuit by President Trump disagree about the ability of a creditor to enforce the automatic stay for its benefit or to protect the estate.
9th CircuitJune 29, 2021
Supreme Court Majority Deals a Blow to Enforcement of Consumer Protection Laws
Supreme Court narrows Spokeo by holding that violation of a statute won’t always give rise to standing and the right to sue for damages.
Supreme CourtJune 28, 2021
Judgment for Sexual Discrimination Automatically Made the Debt Nondischargeable
Although the arbitrator didn’t explicitly find willful and malicious injury, the nature of a successful claim for sexual discrimination supplied the required findings for nondischargeability.
9th CircuitJune 24, 2021
The Pleading and Proof Required for Claims Against a Subsequent Transferee
Read Judge Grossman’s opinion as though it were a final exam question to see how many issues you spot and whether you come up with the correct answers.
2nd Circuit, New York, New York Eastern District