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ABI Journal

February 25, 2021

To Invoke Equitable or Statutory Mootness, the Record Must Be Clear that a Sale Closed

Unsubstantiated statements that a sale closed didn’t persuade a district judge in Dallas to invoke equitable or statutory mootness.

5th Circuit, Texas, Texas Northern District

February 23, 2021

Espinosa Doesn’t Forgive All Procedural Defects in Confirmation, Judge Ludwig Says

To sell free and clear, someone with an interest in the property must receive the notice required for service of a summons and complaint. Actual notice doesn’t suffice.

7th Circuit, Wisconsin, Wisconsin Eastern District

February 22, 2021

Rule 54(b) Can’t Be Used to Certify an Interlocutory Appeal to the Circuit

Federal Rule 54(b) is not an alternative to 28 U.S.C. § 158(a)(3) and Bankruptcy Rule 8004 for certifying an interlocutory appeal.

11th Circuit

February 17, 2021

An Individual Can’t Assume a Lease by Reaffirming the Debt

A lawyer queasy about a client’s decision to assume a lease can’t invoke the court’s scrutiny by making an application to reaffirm the debt under Section 524(c), Judge Hursh says.

9th Circuit, Montana

February 16, 2021

Amount of an Exemption Isn’t Required to Make an Order Final, Circuit Majority Says

Tenth Circuit majority believes that the grant or denial of an exemption is sufficient to make the order final, even if the bankruptcy court hasn’t ruled on the extent or amount of the exemption.

10th Circuit

February 12, 2021

Additional Committee for Commercial Creditors Appointed in Archdiocese Bankruptcy

Judge Grabill would have given commercial creditors either their own committee or special counsel given the different interests of sexual abuse claimants.

5th Circuit, Louisiana, Louisiana Eastern District

February 11, 2021

Tempnology Didn’t Undercut the Validity of Equitable Mootness, First Circuit Says

Confirmation appeals in two big cases are dismissed on the same day for equitable mootness.

1st Circuit

February 09, 2021

BAP Adheres to ‘Person Aggrieved’ Despite Dicta from the Sixth Circuit

The Supreme Court and the Sixth Circuit both questioned the continuing validity of doctrines of prudential standing, such as ‘person aggrieved.’

6th Circuit

February 08, 2021

Texas Legislature Didn’t Succeed in Giving Lien Priority to Oil and Gas Producers

Fifth Circuit says that Oklahoma protected that state’s oil and gas producers while Texas didn’t.

5th Circuit

February 04, 2021

‘Plain Language’ Puts Small-Dollar Avoidance Suits in the Debtor’s Home Court

Congress may have made a mistake in drafting, but the plain language of 28 U.S.C. § 1409(b) must control, Judge Grossman says.

2nd Circuit, New York, New York Eastern District