August 28, 2020
Even when after a finding of bad faith, the court retains discretion to deny punitive damages, Third Circuit says. Compensatory damages are not available if the debtor was failing anyway.
3rd Circuit
August 27, 2020
Eleventh Circuit joins the majority of circuits by holding that unforeseen, changed circumstances are not required to modify a chapter 13 plan.
11th Circuit
August 25, 2020
When $50,000 in sanctions were not enough to coerce compliance with the Code and Rules, the Eleventh Circuit upheld $150,000 in sanctions for a second violation.
11th Circuit
August 20, 2020
Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says
10th Circuit
August 12, 2020
The Seventh and Ninth Circuits may not be on the same page when it comes contempt citations falling under the Section 362(b)(4) exception to the automatic stay.
7th Circuit, Illinois, Illinois Northern District
August 11, 2020
The Seventh Circuit uses broad equitable powers to prevent one member of a class from receiving a settlement when appealing an issue applicable to the entire class.
7th Circuit
August 07, 2020
Third Circuit’s Judge Bibas says that courts use the wrong nomenclature when they say that creditors lack standing to pursue claims belonging to the estate. It’s a question of statutory authority, he said, not standing.
3rd Circuit
