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Claims

Third Circuit Dissenter Says that Bankruptcy Judges ‘Assist’ Article III Judges

The dissenter on rehearing believes there are narrow grounds for reopening a closed bankruptcy case.

3rd Circuit

Third Circuit: Confirmation Order Was Res Judicata Between Third Parties

The majority on a Third Circuit panel decided that a confirmation order many years earlier prevented one nondebtor from suing another nondebtor on an issue that wouldn’t affect the debtor’s estate but did entail interpreting the confirmation order.

3rd Circuit

On Panel Rehearing, Third Circuit Permits Reopening a 22-Year-Old Case

Reversing its prior decision after rehearing, the Third Circuit allowed a bankruptcy judge to interpret a confirmation decision made 12 years before by a district judge.

3rd Circuit

Another Judge Will Hold a Status Conference to Hear from Sex Abuse Survivors

Bankruptcy Judge Harner of Baltimore and Sacramento’s Bankruptcy Judge Klein have both authorized status conferences allowing abuse survivors to address the court and the church.

Maryland

Allowed Claim Can’t Be Used Offensively, Second Circuit Says

Second Circuit barred offensive use of claim preclusion based on ‘fairness’ but hinted that offensive claim preclusion might never be permitted.

2nd Circuit

11th Circuit Upholds Its Rule that There’s No Equitable Tolling for Dischargeability Complaints

The opinion reads like an invitation for the Eleventh Circuit to sit en banc and reconsider circuit authority holding that a claims-processing deadline is not subject to equitable tolling.

11th Circuit

Complacency Can Forfeit Even the Most "Certain" of Claims

Following the ratification of the Constitution in 1788, Benjamin Franklin famously wrote that “[o]ur new Constitution is now established, and has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes.”[1] Franklin’s second certainty is assured by the Constitution’s Taxing Clause,[2] which the Supreme Court has concluded “is exhaustive and embraces every conceivable power of taxation.”[3] But what good i

A Suit Nominally Against a Debtor Does/Doesn’t Violate the Discharge Injunction

In the Tenth Circuit, there’s a workaround for courts that believe it’s not possible to modify the statutory discharge injunction.

Kansas

A Lender Can’t Have a Lien on Avoidance Actions, District Judge Says

Just because an avoidance action is prepetition property under Section 541(a)(1) doesn’t mean that a lender can have a lien on the avoidance action as a general intangible, district judge says in affirming Bankruptcy Judge Thad Collins.

Iowa Northern District

A Promise Not to Enforce a Judgment Meant There Was No Discharge Violation

The inability to modify a Section 524(a) discharge put the Ninth Circuit BAP in a bind.

9th Circuit
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