First Circuit Says: PROMESA Fiscal Plans Can’t Be Challenged in Federal Court
Federal courts have no jurisdiction to review decisions by Puerto Rico’s Oversight Board regarding the reduction of pension benefits.
‘Gatekeeping’ in the Fifth Circuit May Be Broader than Exculpations
Bankruptcy Judge Jernigan interprets the Fifth Circuit’s Highland Capital opinion to mean that gatekeeping protections are not limited to parties entitled to exculpation in the Fifth Circuit.
First Circuit Writes a Treatise on the Elements of Judicial Estoppel
Disputed facts can defeat invocation of judicial estoppel on summary judgment.
Ninth Circuit Panel Splits on Counting Creditors for an Involuntary Petition
The majority and the dissenter disagreed on whether the judgment merged individual creditors’ claims into one claim.
Fourth Circuit Says an Insurer Has No Right to Negotiate an ‘Asbestos’ Plan
The Fourth Circuit wrote a scholarly (and dense) opinion differentiating among bankruptcy standing, bankruptcy appellate standing and constitutional standing.
Survivor’s Benefits Under a Pension Plan Might Not Become Estate Property
Unlike Clark v. Rameker, where an inherited IRA wasn’t exempt, the inheritance of benefits under a pension plan might not become estate property under Section 541(c)(2).
Debts for a Partner’s Fraud Are Still Nondischargeable, the Supreme Court Says
The opinion by Justice Barrett largely bases the outcome on the use of the passive voice in Section 523(a)(2)(A).
Eleventh Circuit Explains an Interlocutory Order Can Become ‘Final’ for an Appeal
Federal Rule 41(a)(1)(A) only permits voluntary dismissal of an entire action, not individual claims, the Eleventh Circuit says.
Converting a Foreign ‘Rescue’ to Liquidation Doesn’t Require a New Chapter 15 Petition
If there’s an appeal, Bankruptcy Judge Garrity told the district judge all there is to know about chapter 15.
Sub V Plan Can Require Automatic Increases Based on Actual Disposable Income
A district judge in Florida upheld a Subchapter V plan that required automatic increases in payments to unsecured creditors based on actual disposable income.