Skip to main content
ABI Journal

Bankruptcy Litigation

Tuesday, April 30, 2024
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
Monday, April 29, 2024
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
Monday, April 29, 2024
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

10th Circuit BAP Judges Survey the Appealability of Contempt Orders and Sanctions

The BAP judges disagreed over whether the amount of sanctions had to be fixed before there could be an appeal from an order declaring that the injured party was entitled to an award of attorneys’ fees for the contemnor’s contempt.

Friday, April 26, 2024
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
Friday, April 26, 2024
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Statutory Construction Governs the Appointment of an Examiner

The Third Circuit Court of Appeals’ recent ruling in the FTX bankruptcy case severely limits a bankruptcy court’s discretion to deny the appointment of an examiner in a bankruptcy case.[1] In FTX, the U.S. Trustee filed a motion to appoint an examiner. The bankruptcy court denied the motion. After a direct appeal to the Third Circuit Court of Appeals, the Third Circuit ruled that the appointment of an examiner is mandatory if requested by a party in interest or the UST, where the debtor’s unsecured debts exceed $5 million.