January 29, 2025
Debtors Have a Narrow Window in ‘13’ to Redeem Foreclosed Property, BAP Says
Because a right of redemption does not give rise to a claim, Section 1322(b) doesn’t enable a debtor to redeem foreclosed property when the right of redemption has expired.
9th CircuitJanuary 16, 2025
Fifth Circuit Arguably Expands the Barton Doctrine’s Ultra Vires Exception
A receiver was tagged $45,000 for failing to turn over estate property by demanding payment of administrative fees.
5th CircuitJanuary 10, 2025
District Courts Disagree on Enforcing an ‘Automatic Stay’ Protecting Nondebtors
A district judge in Ohio declined to sit as an appellate court by deciding whether a bankruptcy court in another state had properly ‘spread’ the automatic stay.
6th Circuit, Ohio, Ohio Northern DistrictJanuary 09, 2025
Converting from Chapter 7 to Sub V to Liquidate Is Ok, Judge Cleary Says
A corporate debtor with no income and no operating business could convert an involuntary chapter 7 case to Subchapter V of chapter 11.
7th Circuit, Illinois, Illinois Northern DistrictDecember 20, 2024
Bankruptcy Has No General Exception to an Automatic Stay After Denial of Arbitration
A Delaware bankruptcy judge says there could be circumstances when automatic stays will not be enforced after the court has denied a motion to compel arbitration.
3rd Circuit, DelawareDecember 19, 2024
Sears Landlord Wins Big Supreme Court Appeal But Has Nothing to Show for the Effort
Like she did in Purdue, District Judge Colleen McMahon correctly predicted how the higher court would rule in a big, important case.
2nd Circuit, New YorkDecember 18, 2024
Debtor’s Appeal from Chapter 13 Plan Confirmation Held Equitably Moot
District court equates distribution to creditors in chapter 13 to substantial consummation of a chapter 11 plan.
4th Circuit, Virginia, Virginia Eastern DistrictDecember 13, 2024
District Court Upholds Redaction of Customer Information in a Cryptocurrency Case
Prominent news organizations failed to overturn the redaction of customer information in a big cryptocurrency case.
3rd Circuit, DelawareDecember 12, 2024
For Foreign Liquidators, Chapter 15 Is Better than Using Common Law, Decision Shows
A foreign liquidator, who ran into problems in the Third Circuit using common law, changed course and quickly obtained relief in chapter 15.
3rd Circuit, New JerseyDecember 10, 2024
A Magistrate Judge Refuses to Enforce an Order Staying Actions Against Nondebtors
A magistrate judge decided that a bankruptcy court’s order from another district halting suits against nondebtors was unenforceable because it was not an ‘injunction’ made under Section 105(a).
6th Circuit, Michigan, Michigan Eastern District