April 26, 2022
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
This month, two circuits found no ‘related to’ bankruptcy jurisdiction for climate-change lawsuits against energy companies.
9th Circuit
April 22, 2022
Reliance on advice of counsel is not a complete defense to contempt citations.
4th Circuit
April 21, 2022
In a nonprecedential opinion, the Fifth Circuit suggests that a mortgage that could be reformed in state court cannot be reformed in bankruptcy.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
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
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
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 13, 2022
In a case that may be headed to the U.S. Supreme Court at least once more, the Fourth Circuit is subjecting 26 multinational oil companies to the tender mercies of the Maryland state courts.
4th Circuit
April 12, 2022
To be a good faith purchaser under Section 363(m), a purchaser must be given actual notice to those with an interest in the property. Constructive notice won’t suffice.
7th Circuit
