May 15, 2024
Whether orders in contested matters are ever appealable is in doubt after a Fourth Circuit decision that declined to follow contrary opinions by bankruptcy appellate panels.
4th Circuit
May 08, 2024
On remand from the Supreme Court and the Second Circuit, the district court decides that the Mall of America landlord isn’t entitled to more than the bargain it made with Sears in 1991.
2nd Circuit, New York, New York Southern District
April 29, 2024
The BAP judges disagreed over whether the amount of sanctions had to be fixed before there could be an appeal from an order declaring that the injured party was entitled to an award of attorneys’ fees for the contemnor’s contempt.
10th Circuit
April 19, 2024
The Supreme Court again retreated from the idea that there’s a strong federal policy in favor of arbitration.
Supreme Court
April 18, 2024
Three Eleventh Circuit Judges would have their appeals court sit en banc to stop dismissing for lack of standing when dismissal should be resulting from failure to state a claim under state law.
11th Circuit
April 09, 2024
The Fifth Circuit dissenter says that the majority set aside findings of fact without showing them to be clearly erroneous.
5th Circuit
April 08, 2024
For the time being, the Eleventh Circuit has split with the Second Circuit on whether a chapter 15 debtor must have property in the U.S. to gain foreign recognition.
11th Circuit
March 27, 2024
The Ninth Circuit BAP says that 28 U.S.C. § 1334(e)(2) gives bankruptcy courts exclusive jurisdiction with regard to disputes over fee allowances.
9th Circuit
March 25, 2024
The unanimous decision on March 19 by Justice Gorsuch contains language that could be used on both sides of the argument about the validity of equitable mootness.
Supreme Court
