May 17, 2022
The decision by the Supreme Court next term in Bartenwerfer will tell us whether debts can be automatically nondischargeable, even when the debtor is without fault.
11th Circuit, Florida, Florida Southern District
May 12, 2022
The Second Circuit says that an initial ‘recipient’ isn’t automatically an initial ‘transferee’ liable for an avoidable transfer under Section 550(a)(1).
2nd Circuit
May 10, 2022
Over a vigorous dissent, the First Circuit Joins the Ninth Circuit by holding that Section 106(a) waives tribes’ sovereign immunity.
1st Circuit
May 04, 2022
The circuits are split on whether an innocent debtor’s liability is automatically nondischargeable when an agent or partner committed fraud.
Supreme Court
May 02, 2022
The City of Chicago argued unsuccessfully that liens on cars are statutory because they arise automatically when the car is impounded.
7th Circuit
April 22, 2022
Reliance on advice of counsel is not a complete defense to contempt citations.
4th Circuit
April 19, 2022
Had Congress considered the facts that were before Bankruptcy Judge Elizabeth Brown, it surely would have written the statute differently, this writer believes.
10th Circuit, Colorado
April 15, 2022
The Eleventh Circuit explained how prudential (or ‘person aggrieved’) standing is a higher standard more difficult to meet than constitutional (or ‘Article III’) standing.
11th Circuit
April 11, 2022
If a proceeding is sub judice when the defendant files bankruptcy, the plaintiff should figure out whether a decision after bankruptcy would violate the automatic stay.
9th Circuit
