September 17, 2018

Class Proofs of Claim Allowed When the Bar Notice Drew Few Individual Claims

Constitutionally sufficient notice of a bar date may not preclude the use of a class proof of claim under Bankruptcy Rule 7023, Judge Hale says.

5th Circuit, Texas, Texas Northern District

September 14, 2018

Exemption Claim Overrides the Government’s Right of Setoff, District Judge Says

Courts are divided when an exemption claim collides with the government’s right of setoff.

4th Circuit, Virginia, Virginia Eastern District

September 12, 2018

Major Automatic Stay Issue Inches Toward the Supreme Court

Chicago parking ticket cases to be resolved in the Seventh Circuit.

7th Circuit, Illinois, Illinois Northern District

September 10, 2018

Fourth Circuit Is Strict on ‘Person Aggrieved’ and Equitable Mootness

Fourth Circuit disposes of a high-stakes appeal without oral argument in a terse, per curiam opinion incorporating the ‘reasons stated by the district court.’

4th Circuit

September 04, 2018

Circuits Split on Sovereign Immunity and Emotional Distress Damages for a Stay Violation

Ninth Circuit splits with the First on the interpretation of Section 106(a).

9th Circuit

August 30, 2018

Fifth Amendment Can Be an Almost Complete Bar to a Rule 2004 Production

Required records and authenticated documents already known to exist are not protected from production by the privilege against self-incrimination.

5th Circuit, Texas, Texas Western District

August 29, 2018

A Receiver Can Bar the Old Board from Filing a Bankruptcy Petition

By removing the incumbent board, a receiver can bar the old board from filing a bankruptcy petition, the Ninth Circuit holds.

9th Circuit

August 23, 2018

Second Circuit Upholds Dismissal of an ‘Involuntary’ in a Two-Party Dispute

Additional judgment enforcement remedies under the Bankruptcy Code don’t justify an involuntary petition.

2nd Circuit

August 20, 2018

Eleventh Circuit Endorses the Applicability of ‘Equitable Mootness’ in Chapter 9

Two circuits and a BAP now invoke ‘equitable mootness’ to dismiss appeals from orders confirming chapter 9 municipal debt adjustment plans.

11th Circuit

August 17, 2018

Chicago Must Return Impounded Cars Immediately After a Chapter 13 Filing

Judge Thorne rules that exceptions to the automatic stay do not allow the City of Chicago to retain possession of impounded cars.

7th Circuit, Illinois, Illinois Northern District