March 09, 2020
To Avoid U.S. Trustee Fees, Court Liberally Allows Closing a Case After Confirmation
Pending adversary proceedings don’t preclude a finding that the chapter 11 case has been ‘fully administered,’ thus allowing entry of a final decree and cutting off further fees owing to the U.S. Trustee Program.
2nd Circuit, ConnecticutMarch 04, 2020
Judge Kahn Finds No Constitutional Infirmities in Applying the SBRA Retroactively
Because the SBRA’s foundation is chapter 11, the new statute may be applied constitutionally to rights or property interests arising before enactment.
4th Circuit, North Carolina, North Carolina Middle DistrictMarch 03, 2020
Bankruptcy Discharge Cuts Off Future Liability on a Guaranty
Courts are split on whether a personal guaranty survives bankruptcy.
6th CircuitFebruary 27, 2020
Eleventh Circuit Opinion Shows Taggart’s Effect on Discharge Contempt Disputes
Taggart allows a court to deny a contempt motion without deciding whether the creditor’s action actually violated the discharge injunction.
11th CircuitFebruary 26, 2020
Supreme Court Bans Nunc Pro Tunc Orders
Despite the high court’s ban on nunc pro tunc orders, may bankruptcy courts make their orders retroactive?
Supreme CourtFebruary 25, 2020
First Opinion on the SBRA Permits Conversion of an Existing Chapter 11 Case
Bankruptcy Judge Scott Clarkson of Santa Ana, Calif., issued the first reported decision on the new small business reorganization law that became effective on February 19.
9th Circuit, California, California Central DistrictFebruary 25, 2020
Supreme Court Uses a Bankruptcy Case to Limit the Use of Federal Common Law
High court rules that federal courts may make federal common law only to protect ‘uniquely’ federal interests.
Supreme CourtFebruary 18, 2020
Bankruptcy Court Still Has Power to Enter Final Judgments by Default after Wellness
Failure to respond to a well-pleaded complaint implies consent for the bankruptcy court to enter final judgment in an avoidance action, Judge Glenn rules.
2nd Circuit, New York, New York Southern DistrictFebruary 11, 2020
Section 362(k)(1) Sanctions Apply to Automatic Stay Violation Continuing After Discharge
Almost $35,000 in actual and punitive damages was imposed on a judgment creditor and its collection law firm for failing to vacate a garnishment following notice of bankruptcy and discharge.
9th Circuit, California, California Eastern DistrictFebruary 10, 2020
Fraudulent Transfer Damages Limited to Creditors’ Total Claims
Delaware’s Judge Owens won’t allow perpetrators of a fraudulent transfer to benefit from avoiding the transfer.
3rd Circuit, Delaware