February 04, 2022
Opinion Shows the Fault in Barring Barton Protection When a Case Is Closed
The Eleventh Circuit has subjected its trustees to the risk of expensive litigation in a faraway court unfamiliar with what happened in the bankruptcy case.
11th Circuit, Florida, Florida Southern DistrictDecember 17, 2021
Fifth Circuit Has Rigid Standards for Chapter 7 Debtors to Have Standing to Appeal
An individual chapter 7 debtor has standing to appeal if the appeal could affect the debtor’s right to a discharge.
5th CircuitDecember 08, 2021
Delaware Bankruptcy Judge Dismisses a Lawsuit for Forum Non Conveniens
Although a chapter 11 plan can bind parties throughout the world, Judge Sontchi wouldn’t let a foreign debtor sue a foreign bank in the Delaware bankruptcy court over a transaction that occurred in England.
3rd Circuit, DelawareNovember 22, 2021
Johnson & Johnson Venue Transferred from North Carolina to New Jersey
Deciding to transfer venue, a North Carolina bankruptcy judge said that the debtor underwent a corporate restructuring ‘purely for the purpose of filing bankruptcy.’
4th Circuit, North Carolina, North Carolina Western DistrictNovember 12, 2021
A Purdue Suit Against Insurance Carriers Stays in Bankruptcy Court, for Now
Insurance coverage disputes are ‘routinely resolved in summary judgment,’ counseling against immediate withdrawal of the reference of a non-core lawsuit, district judge says.
2nd Circuit, New York, New York Southern DistrictNovember 04, 2021
Denial of a Motion to Convert from ‘11’ to ‘7’ Is Not Final and Thus Not Appealable
Until now, there has been surprisingly little precedent directly on point to say that denial of a motion for conversion from chapter 11 to chapter 7 is not a final order subject to appeal
9th Circuit, California, California Eastern DistrictNovember 03, 2021
Eleventh Circuit Says Section 363(m) Even Moots Appeals Not Properly Authorized
In a concurrence, Circuit Judge Jordan questions whether rollups are permitted under Eleventh Circuit authority.
11th CircuitOctober 29, 2021
Priest Lacked Standing to Raise a Claim Objection to Clear His Name of Sexual Abuse
Standing has three components: statutory standing, constitutional standing and prudential standing, Judge Thuma explains.
10th Circuit, New MexicoOctober 15, 2021
Supreme Court Update: Equitable Mootness Not Ready for Prime Time
An arbitration case to be argued in November may inform bankruptcy courts whether they must enforce arbitration agreements.
Supreme CourtOctober 12, 2021
A Seemingly Final Order in a Larger Contested Matter Isn’t Final, Ninth Circuit BAP Says
Bankruptcy Judge Christopher Klein explains appellate jurisdiction, finality, cumulative finality and mislabeled motions for reconsideration.
9th Circuit