August 08, 2024
Circuit Says Retaining Jurisdiction Not Required to Impose Fees Under Section 303(i)
Motions for fees must be made within 14 days of the entry of judgment.
1st CircuitJuly 22, 2024
BAP Pushes Back Against Kelly on the Dischargeability of Disciplinary Costs
The Ninth Circuit BAP rebelled against the Supreme Court’s departure from the statute in Kelly v. Robinson on dischargeability under Section 523(a)(7).
9th CircuitJuly 19, 2024
How to Circumvent the Prohibition of Appealing Abstention Decisions to the Circuit
The Ninth Circuit BAP makes life easy for the Circuit Court of Appeals. Every circuit should have a BAP.
9th CircuitJuly 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 CircuitJune 21, 2024
Discharge Injunction Violations Can’t Be Heard in Federal District Court
Circuits are split on whether claims for contempt of the discharge injunction must be brought in the bankruptcy court that issued the discharge.
7th Circuit, Illinois, Illinois Northern DistrictJune 07, 2024
Supreme Court Says that Insurance Neutrality Doesn’t Deprive an Insurer of Standing
Reversing the Fourth Circuit, the Supreme Court gives a flexible interpretation to traditional notions of constitutional standing in bankruptcy cases and appeals.
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 DistrictMay 23, 2024
Belated Seventh Circuit Opinion May Set Up ‘Cert’: Is Section 505(a) Jurisdictional?
Seventh Circuit again holds that Section 505(a) doesn’t confer jurisdiction for bankruptcy courts to decide how much debtors owe in taxes.
7th CircuitMay 22, 2024
District Judge Explains What a Notice of Appeal Does and Doesn’t Do
A notice of appeal precludes the court from modifying an order on appeal but does not impair enforcement of the order absent a stay pending appeal.
9th Circuit, IdahoMay 17, 2024
Fifth Circuit Draws ‘Person Aggrieved’ into Question for Appellate Standing
The Bankruptcy Code dropped ‘person aggrieved’ as the standard for appellate standing. Did it survive nonetheless?
5th Circuit