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April 29, 2022

Fourth Circuit Rejects Frontal Assault on In Pari Delicto as a Bar to Suits by a Trustee
Circuit refuses to make an exception for trustees regarding the judge-made doctrine of in pari delicto.
4th Circuit

April 28, 2022

District Judge Barred Redesignation to SBRA in a Case Pending 16 Months
Redesignation under the SBRA might become a hot topic once again when (if) Congress raises the cap back to $7.5 million.
2nd Circuit, New York, New York Eastern District

April 26, 2022

Eighth Circuit to Decide Whether Avoidance Actions Are Estate Property that Can Be Sold
Authorities are split on whether avoidance actions are estate property that can be sold or can only be prosecuted by the trustee.
8th Circuit, Iowa, Iowa Northern District

April 25, 2022

Another Circuit Says: Old Bankruptcies Aren’t Grounds for Removal to Federal Court
This month, two circuits found no ‘related to’ bankruptcy jurisdiction for climate-change lawsuits against energy companies.
9th Circuit

April 22, 2022

Fourth Circuit Rules Emphatically that Taggart Applies to All Contempt in Bankruptcy
Reliance on advice of counsel is not a complete defense to contempt citations.
4th Circuit

April 21, 2022

Fifth Circuit Majority Bars Reforming Mortgages in Bankruptcy
In a nonprecedential opinion, the Fifth Circuit suggests that a mortgage that could be reformed in state court cannot be reformed in bankruptcy.
5th Circuit

April 20, 2022

Supreme Court Hears Argument on Constitutionality of 2018 Increase in U.S. Trustee Fees
At oral argument, the justices seemed more concerned about the remedy to give if the dual fee system was unconstitutional.
Supreme Court

April 18, 2022

FishDish Proves that Ending Equitable Mootness Didn’t End the World as We Know It
Curtailing equitable mootness will benefit the bankruptcy community by fostering appellate decisions that clarify the standards for confirmation of chapter 11 plans.
8th Circuit, Iowa, Iowa Northern District

April 15, 2022

Target of Lawsuit Doesn’t Have Standing to Appeal a Litigation Funding Agreement
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 14, 2022

Section 328(c) and Rule 2014(a) Both Permit Denial of All Compensation
Undisclosed representation of the debtor’s principal resulted in denial of all compensation sought by counsel for the corporate debtor.
9th Circuit, California, California Eastern District