August 05, 2024
A Bankruptcy Case on Rule 60(b) Could End Up in the Supreme Court Next Term
Deciding a bankruptcy appeal, the Sixth Circuit deepened an existing circuit split on time limitations for Rule 60(b)(4) motions.
6th CircuitJuly 17, 2024
Established Law Pointed Judge Lane Toward Dismissing Giuliani’s Chapter 11 Case
New York’s Judge Sean Lane saw no reason for forcing holders of a $148 million defamation judgment ‘to wait years’ for a ‘modest distribution.’
2nd Circuit, New York, New York Southern DistrictJuly 09, 2024
First Nixing $240,000 for Contempt, Fifth Circuit Approves $450,000 for Civil Contempt
Having previously set aside a $240,000 sanction as criminal contempt, the Fifth Circuit affirmed $450,000 in civil contempt against the same contemnor in the same bankruptcy case.
5th CircuitJuly 05, 2024
A Claim Is Unliquidated if It Requires the Exercise of Judgment or Discretion
Tort claims are usually unliquidated, but a contract claim is liquidated if it’s precisely determinable by agreement or operation of law, Judge Lori Vaughan says.
11th Circuit, Florida, Florida Middle DistrictJuly 01, 2024
Supreme Court to Rule on Waiver of Sovereign Immunity for Suits Under Section 544(b)(1)
To resolve a circuit split, the Supreme Court has agreed to decide whether a trustee can sue the government to recover a fraudulent transfer under state law when sovereign immunity would bar an ‘actual creditor’ from suing.
Supreme CourtJune 27, 2024
Misleading Ads to Poach a Debtor’s Customers Is No Stay Violation, Circuit Says
The Second Circuit gives competitors license to mount false advertising unless it’s ‘virtually certain’ to affect a debtor’s customer contracts or goodwill.
2nd CircuitJune 25, 2024
On a Circuit Split, First Circuit BAP Enforces Deadlines for Joining Involuntary Petitions
The circuits are split on whether a creditor has an ‘unfettered’ right to join as an involuntary petitioner.
1st CircuitJune 17, 2024
No Refunds for Overpayment of Unconstitutional U.S. Trustee Fees, Supreme Court Rules
Saying that the constitutional infirmity was “small” and “short-lived,” the majority decided that prospective relief was enough because Congress subsequently enacted a law mandating uniformity in the future with regard to fees for U.S. Trustees and Bankruptcy Administrators
Supreme CourtJune 14, 2024
Supreme Says: No Refunds for Overpayment of Unconstitutional U.S. Trustee Fees
Although there was no split of circuits, the Supreme Court decided that Congress provided a sufficient remedy by requiring uniform fees going forward.
Supreme CourtJune 06, 2024
Sub V Trustee Lacks Standing to Pursue an Adversary Proceeding for the Debtor
Bankruptcy Judge Eduardo Rodriguez of Houston opined on the limited powers of a Subchapter V trustee.
5th Circuit, Texas, Texas Southern District