May 16, 2022
Special counsel unfamiliar with bankruptcy procedures weren’t excused from the requirement to file a final fee application by the deadline.
10th Circuit, Colorado
May 13, 2022
Unlike chapters 12 and 13, the bankruptcy court in Subchapter V has discretion in selecting the commitment period for confirmation of a cramdown plan.
9th Circuit
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 11, 2022
Over a dissent, the Eleventh Circuit held that a 1995 chapter 11 plan discharged the liability of ‘related persons’ to pay health care benefits when a coal producer defaulted on the obligation in 2016.
11th 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 03, 2022
The Ninth Circuit BAP holds that litigating with the largest creditor and maintaining the corporation in good standing is sufficient to show that the debtor ‘is engaged’ in business on the filing date.
9th Circuit
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 29, 2022
Circuit refuses to make an exception for trustees regarding the judge-made doctrine of in pari delicto.
4th Circuit
