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ABI Journal

524

Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says

Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says

10th Circuit

Ninth Circuit Says Assumption Under Section 365(p) Doesn’t Also Require Reaffirmation

Lease assumption is binding even if the debtor doesn’t follow the procedural requirements of Section 365(p).

9th Circuit

No Contempt for the IRS on Discharge Without Exhaustion of Administrative Remedies

Is Taggart just a defense that can be waived, or must a debtor plead and prove ‘no objectively reasonable basis’ in a motion for contempt of discharge?

2nd Circuit
New York
New York Southern District

Benchnotes August 2020

Aug 2020

Bankruptcy Code
365(p)
522
523
524
Topic Tags
Alternative Dispute Resolution
Asset Sales
Claims
Bankruptcy Litigation
Ethics
Fraud
Practice and Procedure
Professional Compensation/Fees
Consumer Bankruptcy
Discharge/Dischargeability

Appeal Heads Toward the Fourth Circuit on Arbitration of Discharge Violations

Eventually, the Supreme Court will decide whether bankruptcy is a unique exception to the general rule that arbitration agreements are rigorously enforced.

4th Circuit
South Carolina

Ninth Circuit Now Permits Nonconsensual, Third-Party Releases in Chapter 11 Plans

Aligning with the Third Circuit, the Ninth Circuit says that lower courts were reading its prior decisions too broadly.

9th Circuit

Third Circuit Revisits Stern: Bankruptcy Courts May Grant Nonconsensual Releases

June 2020

Bankruptcy Code
11 U.S.C. § 105
524
1123
1124
1129
Topic Tags
Claims
Bankruptcy Litigation
Plan Confirmation
Practice and Procedure
Venue/Jurisdiction
Business Reorganization
Finance and Banking
Investment Banking

Taggart Didn’t Let Corporate Employees Off the Hook for a Stay Violation

Tortious or fraudulent conduct needn’t be shown to hold a corporate employee liable for violating the automatic stay.

1st Circuit
Rhode Island

Another Case Shows the Need to Provide Remedies for Discharge Violations

Discharge was violated, but sanctions are likely out of reach.

7th Circuit

Ninth Circuit Takes a Hard Line Against Waiving Discharge Inadvertently

The Ninth Circuit may be backing off from Ybarra, a case that waives discharge for attorneys’ fees if the debtor ‘returns to the fray.’

9th Circuit
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