June 19, 2018

Filings by the Debtor Sufficed as the Creditor’s Informal Proof of Claim

Fifth Circuit’s liberal rule on allowing an informal proof of claim is interpreted liberally.

5th Circuit, Texas, Texas Southern District

June 15, 2018

Notice Can Be Ok if Given to Attorney Who Represented Creditor Four Years Earlier

Fraudulent intent can’t be inferred from failure to disclose assets that became worthless before bankruptcy, Tenth Circuit says.

10th Circuit

June 14, 2018

‘Cert’ Petition Wants Discharge Violations to Be Arbitrated

Petitioner contends the Second Circuit was wrong to bar arbitration in view of the Supreme Court’s decision in Epic Systems.

Supreme Court

June 13, 2018

Bankruptcy Courts May Issue ‘Consent Directives,’ Ninth Circuit BAP Says

BAP equates discovery powers of bankruptcy courts with district courts and federal agencies.

9th Circuit

June 08, 2018

Appeal from Interpretation of a Prior Sale Order Is Reviewed for Abuse of Discretion

A creditor can’t have derivative standing if the trustee already sold the claim, BAP says.

6th Circuit

June 07, 2018

Stabbing Victim Gets No Sympathy for His Lawyer’s Mistake

Sympathy for a client won’t make up for counsel’s mistake.

11th Circuit, Georgia, Georgia Northern District

June 05, 2018

Mandatory Abstention Applies to an Entire Adversary Proceeding, Not Individual Claims

Abstention can’t be used to peel off some claims from an adversary proceeding, the BAP says.

6th Circuit

May 31, 2018

Ninth Circuit Widens Split on Failure to Object and Standing to Appeal

Although there may be standing to appeal, failure to object can bar an appeal under doctrines of waiver or forfeiture.

9th Circuit

May 30, 2018

Like the Second Circuit, Florida Judge Bars Arbitrating a Class Suit for Discharge Violations

Supreme Court’s subsequent Epic decision casts doubt on opinions overriding arbitration agreements in the bankruptcy context.

11th Circuit, Florida, Florida Middle District

May 29, 2018

Fourth Circuit Holds Local Rule Invalid for Dispensing with a Hearing

Fourth Circuit again shows itself to be a debtor-friendly venue.

4th Circuit