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Supreme Court Grants ‘Cert’ in a Bankruptcy Case on Rule 60(b)(4)

Coney Island is a bankruptcy case, but the question is whether there is a time limit for a Rule 60(b)(4) motion to set aside a judgment for lack of personal jurisdiction over the defendant.

Supreme Court

For Foreign Liquidators, Chapter 15 Is Better than Using Common Law, Decision Shows

A foreign liquidator, who ran into problems in the Third Circuit using common law, changed course and quickly obtained relief in chapter 15.

3rd Circuit
New Jersey

Jackson Walker May Depose the U.S. Trustee in the Fee Dispute over Nondisclosure

The bankruptcy judge in Houston denied the U.S. Trustee’s motion to quash deposition subpoenas in the fight over disgorgement of fees for failure to disclose an allegedly close relationship between the judge and a firm lawyer.

5th Circuit
Texas
Texas Southern District

Receipt of a Chapter 7 Discharge Doesn’t Preclude Conversion to Chapter 13

Small state exemptions mean that some low-income debtors can lose their homes in chapters 7 and 13 if there is equity.

8th Circuit
Missouri
Missouri Eastern District

Ninth Circuit BAP Jealously Protects a ‘13’ Debtor’s Right to Dismiss

Debtors paid a high price for their counsel’s inattention to their needs after plan confirmation.

9th Circuit

After 180 Days, Confirmation Can’t Be Vacated, Even for the Best of Reasons

Federal Rule 60(b) can’t ‘end run’ Section 1144, Bankruptcy Judge Kimball holds.

11th Circuit
Florida
Florida Southern District

Third Circuit Creates a Common Law Alternative to Chapter 15

Prof. Westbrook believes there is no common law alternative to chapter 15.

3rd Circuit

Sitting on the Sidelines in a Chapter 11 Case Sometimes Doesn’t Pay Off

Knowledge of a chapter 11 case is enough to bind a creditor to the terms of a plan, even if the creditor hasn’t filed a claim, the Fifth Circuit says.

5th Circuit

Reference Withdrawal on Houston Ethics Probe Pits UST Against Bankruptcy Judge

Despite consent by the firm to withdraw the reference of motions to disgorge its fees, a bankruptcy judge in Houston recommended against withdrawal to district court and against transfer to another district.

5th Circuit
Texas
Texas Southern District

Consent Orders Strictly Enforced in the Fifth Circuit, Even if the Result Is Unreasonable

Although averse to third-party releases in chapter 11 plans, the Fifth Circuit will allow bankruptcy courts to enforce releases given by one third party to another.

5th Circuit
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