April 16, 2021
No Disqualification When Lawyers at Adversary Firms Were Dating
Delaware bankruptcy judge trusts that dating lawyers at adversary firms didn’t disclose client confidences.
3rd Circuit, DelawareApril 15, 2021
Holding Impounded Cars Still Might Violate the Automatic Stay, Seventh Circuit Says
Seventh Circuit says that Fulton left open the question of whether holding an impounded car violates Sections 362(a)(4) or (a)(6).
7th CircuitApril 12, 2021
Ninth Circuit BAP and a Brooklyn District Judge Agree on Removal to the Bankruptcy Court
Bankruptcy removal statute doesn’t permit moving a suit in district court to the bankruptcy court in another district.
9th CircuitApril 09, 2021
Judge Isgur Knocks Down a Special Counsel’s Fees for ‘Unprofessional’ Conduct
Incivility may be acceptable in matrimonial matters, but not when the lawyer represents a debtor.
5th Circuit, Texas, Texas Southern DistrictApril 08, 2021
Deeply Subordinated Creditor Barred from Voting or Objecting to Plan Confirmation
Subordination agreement did not transfer voting rights, but prudential standing nevertheless barred the subordinated creditor from participating in confirmation, Judge Somers says.
10th Circuit, KansasApril 06, 2021
Undisclosed Assets Revest in the Debtor After Dismissal but Not After Closing, BAP Says
If a case is dismissed, all assets revest in the debtor and nothing remains in the bankruptcy estate, not even undisclosed assets.
9th CircuitApril 05, 2021
Filing a Timely Extension Motion Won’t Extend a Deadline Without an Order
Creditors’ lawyers shot themselves in the foot by having the bankruptcy judge moot a motion for an extension of the dischargeability deadline.
5th Circuit, Texas, Texas Western DistrictMarch 31, 2021
Statutory Basis for Permanent Injunctions in Chapter 15 Explained by Judge Barnes
The statutory basis for permanent relief under today’s chapter 15 was found in former Section 304, which chapter 15 superseded.
7th Circuit, Illinois, Illinois Northern DistrictMarch 29, 2021
Pennsylvania District Judge Holds that FLSA Suit Is Not Halted by Automatic Stay
Splitting with the Sixth Circuit, Pittsburgh district judge rules that a FLSA suit falls within the ‘police and regulatory’ exception to the automatic stay.
3rd Circuit, Pennsylvania, Pennsylvania Western DistrictMarch 24, 2021
Corporate Debtors in Subchapter V May Discharge Nondischargeable Debts
Only individuals in subchapter V of chapter 11 are barred from discharging debts found to be nondischargeable under Section 523(a).
4th Circuit, Maryland