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ABI Journal

December 07, 2022

Supreme Court Hears Argument on Section 363(m): Is It Jurisdictional or Not?

The justices seem inclined to hold that Section 363(m) is not jurisdictional, if they first decide that the appeal is not moot.

Supreme Court

December 06, 2022

The Ninth Circuit BAP Revisits the First Semester of Law School Contracts

Agreement on the price and nothing else short of an enforceable contract.

9th Circuit

December 05, 2022

DIP Counsel’s Right to Compensation Ends Immediately on a Trustee’s Appointment

Appealing an order appointing a chapter 11 trustee does not entitle the DIP’s counsel to compensation pending appeal, Judge Klein says.

9th Circuit, California, California Eastern District

December 01, 2022

The Bankruptcy Code Doesn’t Invalidate Transfer Restrictions in an Operating Agreement

The transfer restrictions in an LLC’s operating agreement are enforceable in a bankruptcy sale, the Tenth Circuit BAP says.

10th Circuit

November 30, 2022

Security Interests Are Assignments of Accounts Receivable, New York High Court Says

Once an account debtor is notified to pay the lender, not paying an account receivable to the lender can mean that the account debtor pays twice.

2nd Circuit, New York

November 28, 2022

A Two-Year Delay in Filing a Retention Application Resulted in Denial of Fees

Pittsburgh Bankruptcy Judge Gregory Taddonio says that lawyers must search in PACER before signing up a new client.

3rd Circuit, Pennsylvania, Pennsylvania Western District

November 17, 2022

Second Circuit Again Uses ‘Hypothetical Jurisdiction’ to Dodge a Tough Question

Legal malpractice claims can be either tort or contract claims, the Second Circuit explains.

2nd Circuit

November 16, 2022

Judge Gargotta Splits with the Fourth Circuit on Nondischargeability in Subchapter V

The Fourth Circuit had recently held that both individuals and corporations in subchapter V of chapter 11 are barred from discharging debts that are nondischargeable under Section 523(a).

5th Circuit, Texas, Texas Western District

November 14, 2022

Two Circuits Now Require Refunds for Overpayment of U.S. Trustee Fees

The Second Circuit essentially reissued its original decision from last year by again requiring the U.S. Trustee to refund the overpayment of unconstitutional fees.

2nd Circuit

November 10, 2022

In Mass Tort Cases, New York Judge Permits Redactions of Creditors’ Names

One month apart, two judges in New York differed on the extent to which they permitted redactions of information about creditors, their identities and addresses.

2nd Circuit, New York, New York Southern District