Eleventh Circuit Invited to Sit En Banc on Eligibility for Chapter 15 Recognition
For the time being, the Eleventh Circuit has split with the Second Circuit on whether a chapter 15 debtor must have property in the U.S. to gain foreign recognition.
Barton Doctrine Protected a Receiver from an Automatic Stay Violation
The district court properly reversed and dismissed for lack of subject matter jurisdiction under Barton.
Evidence of Intent to ‘Hinder’ Wasn’t Sufficient to Deny Discharge, District Judge Says
The bankruptcy court’s inference of intent to hinder the trustee wasn’t supported by the evidence, the district judge says in reversing a denial discharge.
ERISA Claims Resolved in Bankruptcy Court, Not Through Arbitration
With two federal statutes in conflict, Delaware’s Judge Goldblatt found a rebuttable presumption in favor of enforcing arbitration.
Offensive Appellate Rights May Be Sold, but Maybe Not Defensive Appellate Rights
State laws differ on whether defensive appellate rights are estate property that may be sold.
A False Certificate of Payment (Temporarily) Barred a Landlord from Evicting
New York’s Judge David Jones explored the intricacies of Section 322(b)(22)’s bar to using bankruptcy to halt eviction.
For No Notice in an ‘Asset’ Case, the Entire Debt Is Not Discharged, the Ninth Circuit Says
The Ninth Circuit explains why the debt owing to a creditor without notice is discharged in a ‘no asset’ case but not in an ‘asset’ case.
A Subchapter V Trustee in Possession Isn’t a Receiver, the Ninth Circuit Says
Affirming the BAP, the Ninth Circuit explains why a Subchapter V trustee in possession is not a receiver.
Bankruptcy Courts Have Jurisdiction and Power to Compel Payment of Counsel Fees
The Ninth Circuit BAP says that 28 U.S.C. § 1334(e)(2) gives bankruptcy courts exclusive jurisdiction with regard to disputes over fee allowances.
Nonconsensual, Nondebtor Releases Prohibited by a District Court in a Subchapter V Case
A district judge in New York reversed a bankruptcy judge who had permitted a nonconsensual, nondebtor release in a Subchapter V case.