October 04, 2021
On an ‘Involuntary,’ Denial of Summary Judgment Doesn’t Mean the Claim Is Disputed
The Iqbal and Twombly standards don’t apply to involuntary petitioners who are required to use Official Form 105.
5th Circuit, Texas, Texas Southern DistrictSeptember 23, 2021
Bankruptcy Court Doesn’t Have Exclusive Jurisdiction over Fraudulent Transfer Suits
The Nevada Supreme Court correctly unpacked the confusing notions of bankruptcy jurisdiction and the division of authority between district and bankruptcy courts.
9th Circuit, NevadaAugust 19, 2021
First Circuit Dismisses as Moot Even Though the Appeal Dealt with Payment of Money
Dismissal of a chapter 13 case moots an appeal regarding an allegedly erroneous order directing payment of money.
1st CircuitJuly 02, 2021
Sovereign Immunity Prevailed Because a Slot Machine License Isn’t ‘Property’
In Pennsylvania, a gaming license isn’t ‘property.’ It’s a revocable license that can’t be owned.
3rd CircuitJune 30, 2021
Concurrence Doubts Ninth Circuit Precedent Barring a Creditor from Enforcing the Stay
Two judges appointed to the Ninth Circuit by President Trump disagree about the ability of a creditor to enforce the automatic stay for its benefit or to protect the estate.
9th CircuitJune 23, 2021
Judge Glenn Explains When Structured Dismissals and Comfort Orders Are Ok
Jevic didn’t ban structured dismissals when there is no violation of the rules of priority and the alternatives would create greater administrative insolvency.
2nd Circuit, New York, New York Southern DistrictJune 18, 2021
Barton Protection Ends When the Bankruptcy Case Closes, Eleventh Circuit Says
Eleventh Circuit splits with four other circuits by holding that the Barton doctrine doesn’t protect trustees once the bankruptcy is over.
11th CircuitJune 07, 2021
In ‘Related To’ Jurisdiction, District Court Applies the Bankruptcy Rules, Circuit Says
If the district court is adjudicating a suit with “related to” jurisdiction under 28 U.S.C. § 1334(b), the district court applies the Bankruptcy Rules, not the Federal Rules, the First Circuit says.
1st CircuitApril 12, 2021
Ninth Circuit BAP and a Brooklyn District Judge Agree on Removal to the Bankruptcy Court
Bankruptcy removal statute doesn’t permit moving a suit in district court to the bankruptcy court in another district.
9th CircuitMarch 12, 2021
Trustees Don’t Need a Pecuniary Interest to Have Standing to Appeal, Fifth Circuit Says
Fee allowances aren’t made with the benefit of hindsight, the Fifth Circuit says.
5th Circuit