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 CircuitAugust 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 DistrictAugust 10, 2018
First Circuit Gives Puerto Rico Bondholders a Second Bite at the Apple
Puerto Rico’s toll road bonds don’t have statutory liens, circuit court rules.
1st CircuitAugust 06, 2018
Property that Lost Exempt Status Goes to the Chapter 13 Debtor on Voluntary Dismissal
Fifth Circuit Draws on Harris v. Viegelahn to revest all property in the chapter 13 debtor on dismissal.
5th CircuitAugust 03, 2018
Punitive Damages under Section 303(i) Can’t Be Offset, Third Circuit Says
One involuntary petition dismissed in bankruptcy court has now spawned three important opinions at the circuit level.
3rd CircuitJuly 31, 2018
Ninth Circuit Requires Explicit Objection to Avoid Forfeiting an Appeal
Ethical issues abound when a committee counsel’s own financial interest conflicts with its client’s interests.
9th CircuitJuly 25, 2018
Dismissing a Bankruptcy Won’t Fend Off Invocation of Judicial Estoppel
Eleventh Circuit holds that dismissing bankruptcy comes too late if claims weren’t disclosed.
11th CircuitJuly 23, 2018
A Casually Written Email by Counsel Can Be an Agreement in the Second Circuit
Mediation can result in a binding settlement even without a written agreement.
2nd CircuitJuly 19, 2018
Two Courts Seemingly Differ on the Nature of Puerto Rico’s PROMESA Proceedings
Bondholders won a skirmish but may still lose the war with Puerto Rico.
July 18, 2018
New York Judge Finds Constitutional Power to Enter Default Judgments
Assuming service was properly effected, Judge Martin Glenn views Wellness International as permitting bankruptcy courts to enter final default judgments in all adversary proceedings.
2nd Circuit, New York, New York Southern District