February 11, 2019

Supreme Court Is on the Road to Overruling Dewsnup

A ‘cert’ petition asks the high court to overrule Dewsnup and allow chapter 7 debtors to strip down or strip off undersecured mortgages.

Supreme Court

February 08, 2019

Seventh Circuit Makes Stays Pending Appeal Automatic in Mortgage Foreclosures

The Seventh Circuit’s opinion interpreting the amendment to Rule 62 is nonprecedential and prompted a dissent, and it may apply only in some states.

7th Circuit

Without Excusable Neglect, Debtors May Claim Exemption in Reopened Cases

The date of the closing of a case is not a ‘specified period’ invoking Rule 9006(b)(1) and requiring a debtor to show excusable neglect before amending schedules to claim an exemption.

10th Circuit

February 07, 2019

Fifth Circuit Declines to Expand Equitable Mootness Beyond Plan Confirmation

An appeal from an integrated sale and settlement can be dismissed under Section 363(m), the Fifth Circuit says.

5th Circuit

February 06, 2019

Fifth Circuit Joins Sister Circuits in Bestowing Qualified Immunity on Trustees

Qualified immunity kicks in when a trustee’s actions don’t qualify for absolute immunity.

5th Circuit

Equitable Mootness Attacked in Jefferson County ‘Cert’ Petition

Lack of a circuit split makes equitable mootness an unlikely topic for Supreme Court review.

Supreme Court

February 04, 2019

‘Stern’ Disputes Invoke a Circuit Court’s General Jurisdiction Under 28 U.S.C. § 1291

Ninth Circuit says that Section 158(d)(1) isn’t an appeals court’s jurisdiction over a ‘Stern’ matter.

9th Circuit

January 31, 2019

Judge Declines to Apply ‘Earmarking’ Defense to a GM Lien Avoidance

‘Old’ GM lenders lose again while attempting to avoid the consequences of a $1.5 billion mistake.

2nd Circuit, New York, New York Southern District

January 30, 2019

The Jay Alix/McKinsey Spat Reaches the Supreme Court

The Jay Alix certiorari petition asks the high court to resolve a circuit split and say whether vindicating the public interest confers appellate standing.

Supreme Court

January 29, 2019

Fifth Circuit Differentiates Between Derivative Claims and Claims Belonging to a Creditor

Sometimes, a third party’s action can harm the debtor, but a creditor can still prosecute an independent claim against the third party.

5th Circuit