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 DistrictFebruary 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 DistrictFebruary 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 CircuitFebruary 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, MontanaFebruary 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 CircuitFebruary 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 DistrictFebruary 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 CircuitFebruary 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 CircuitFebruary 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 CircuitFebruary 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