February 24, 2021
Bankruptcy Settlement Didn’t Discharge All Environmental Claims, New York Judge Says
Due process considerations persuaded District Judge Oetken to conclude that a creditor’s claims, unknown at the time, were not barred by a settlement.
2nd Circuit, New York, New York Southern DistrictFebruary 23, 2021
Espinosa Doesn’t Forgive All Procedural Defects in Confirmation, Judge Ludwig Says
To sell free and clear, someone with an interest in the property must receive the notice required for service of a summons and complaint. Actual notice doesn’t suffice.
7th Circuit, Wisconsin, Wisconsin Eastern DistrictFebruary 18, 2021
Medicaid Fraud Suit in State Court Isn’t Subject to the Automatic Stay
Even though the debtor was no longer in business, a Medicaid fraud suit was not subject to the automatic stay and thus served as a deterrent to others.
5th Circuit, Texas, Texas Southern DistrictFebruary 15, 2021
Sixth Circuit Permits Nondebtor Family Members to Continue the Family Business
Circuit Judge Sutton shied away from making a wife liable for her husband’s debts, even though the wife carried on the husband’s farming business.
6th CircuitFebruary 12, 2021
Additional Committee for Commercial Creditors Appointed in Archdiocese Bankruptcy
Judge Grabill would have given commercial creditors either their own committee or special counsel given the different interests of sexual abuse claimants.
5th Circuit, Louisiana, Louisiana Eastern DistrictFebruary 11, 2021
Tempnology Didn’t Undercut the Validity of Equitable Mootness, First Circuit Says
Confirmation appeals in two big cases are dismissed on the same day for equitable mootness.
1st CircuitFebruary 10, 2021
Court Records Destroyed, a Finding of Proper Notice Presumes Notice by Publication
The finding of proper notice in a confirmation order satisfies the debtor’s burden of proving notice by publication to creditors with future claims, even in the absence of a trust for future creditors, Houston judge says.
5th Circuit, Texas, Texas Southern DistrictFebruary 09, 2021
BAP Adheres to ‘Person Aggrieved’ Despite Dicta from the Sixth Circuit
The Supreme Court and the Sixth Circuit both questioned the continuing validity of doctrines of prudential standing, such as ‘person aggrieved.’
6th CircuitFebruary 08, 2021
Texas Legislature Didn’t Succeed in Giving Lien Priority to Oil and Gas Producers
Fifth Circuit says that Oklahoma protected that state’s oil and gas producers while Texas didn’t.
5th CircuitFebruary 04, 2021
‘Plain Language’ Puts Small-Dollar Avoidance Suits in the Debtor’s Home Court
Congress may have made a mistake in drafting, but the plain language of 28 U.S.C. § 1409(b) must control, Judge Grossman says.
2nd Circuit, New York, New York Eastern District