February 15, 2019
Bankruptcy Judge OKs Four Years of Jailing for Civil Contempt
An appellate court will decide whether four years of jailing means that civil incarceration has become futile.
9th Circuit, California, California Central DistrictFebruary 13, 2019
An Objection to Third-Party Releases Must Be Raised in Bankruptcy Court
A non-objecting creditor is bound by a third-party release even if the release may have been improper.
5th Circuit, Texas, Texas Southern DistrictFebruary 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 CourtFebruary 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The Seventh Circuit’s opinion interpreting the amendment to Rule 62 is nonprecedential and prompted a dissent, and it may apply only in some states.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 CircuitFebruary 08, 2019
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 CircuitFebruary 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 CircuitFebruary 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 CircuitFebruary 06, 2019
Equitable Mootness Attacked in Jefferson County ‘Cert’ Petition
Lack of a circuit split makes equitable mootness an unlikely topic for Supreme Court review.
Supreme CourtFebruary 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 CircuitJanuary 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