Skip to main content
Help Center
ABI Journal

Practice and Procedure

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

Second Circuit Extends the Section 546(e) Safe Harbor to Cover Foreign Law

Second Circuit dismisses the last of 300 lawsuits by foreign liquidators to recover $6 billion for defrauded Madoff investors.

2nd 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

A Disappointed Bidder Didn’t Have Prudential Standing in a Chapter 7 Case

In a chapter 7 case, a disappointed bidder wasn’t required to show Article III standing but was still required to demonstrate prudential standing as falling within the class of persons protected by Section 363.

New Mexico

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

Liquidating Trustee Ousted for an Undisclosed Litigation Funding Agreement

The pricey litigation funding agreement had not been disclosed to creditors before confirmation.

Texas Northern District

Trial-Ready Case Remanded to State Court, Not Transferred to Bankruptcy Court

District judge was reluctant to have the bankruptcy court decide whether a suit removed to federal court should be remanded to the state trial court.

Connecticut
Subscribe to %1