February 22, 2023

Eleventh Circuit Explains an Interlocutory Order Can Become ‘Final’ for an Appeal

Federal Rule 41(a)(1)(A) only permits voluntary dismissal of an entire action, not individual claims, the Eleventh Circuit says.

11th Circuit

February 16, 2023

Losing a Motion to Reopen a Case Can Be a Victory for the Debtor (Sometimes)

An act of Congress that waived sovereign immunity for Marines at Camp Lejeune meant that personal injury tort claims did not arise when the injury was sustained.

4th Circuit, Virginia, Virginia Eastern District

February 10, 2023

Sometimes, a Settlement with No Admission of Liability Can Be Nondischargeable

To avoid automatic nondischargeability, the debtor in the settlement of a fraud suit must deny liability.

5th Circuit, Texas, Texas Eastern District

February 07, 2023

Are Chapter 13 Creditors Entitled to Proceeds from a Post-Confirmation Tort Claim?

The Code and the Rules are unclear about a chapter 13 debtor’s obligation to disclose assets acquired post-petition that were not derived from income.

11th Circuit, Florida, Florida Southern District

February 02, 2023

Unlike the Eleventh Circuit, Barton Is Alive and Well in the Fifth Circuit

In a case irreconcilable with two recent opinions from the Eleventh Circuit, the Fifth Circuit invokes Barton to bar a lawsuit against a trustee after the bankruptcy case had been closed.

5th Circuit

January 29, 2023

A Former Marijuana Business Isn’t Grounds for Dismissal, Los Angeles Judge Says

Judge Neil Bason allows a chapter 11 debtor to distribute the proceeds from the sale of a cannabis business.

9th Circuit, California, California Central District

January 27, 2023

Malicious Prosecution Can Mean a Nondischargeable Debt in Chapter 13

Bankruptcy Judge Gunn from D.C. sides with the majority to hold that “personal injury” does not require physical injury but may include reputational harm.

D.C. Circuit

January 26, 2023

Post-Petition Appreciation in the Value of a Home Goes to Creditors in Chapter 13

Courts are deeply split on a chapter 13 debtor’s ability to keep the appreciation in an exempt home, whether or not the case converts to chapter 7.

8th Circuit, Missouri, Missouri Western District

January 25, 2023

Fourth and Third Circuits Give Priority to Obamacare’s Individual Mandate Penalty

The Fourth Circuit sides with the Third on the Affordable Care Act’s ‘individual mandate.’ Majority says it was a tax measured by income, thus giving the IRS a priority tax claim.

4th Circuit

January 23, 2023

Date of a Garnishment Order Doesn’t Matter for Preferences, Seventh Circuit Says

Circuit Judge Frank Easterbrook tersely held that the Supreme Court’s Barnhill opinion overruled prior Seventh Circuit precedent.

7th Circuit