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Practice and Procedure

Trustees Don’t Need a Pecuniary Interest to Have Standing to Appeal, Fifth Circuit Says

Fee allowances aren’t made with the benefit of hindsight, the Fifth Circuit says.

5th Circuit
Thursday, March 11, 2021
Article Tags
Court Administration
Ethics
Fraud
Practice and Procedure
Professional Compensation/Fees
Consumer Bankruptcy
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Equitable Mootness Doesn’t Violate Due Process, First Circuit Says

Constitutional arguments don’t entitle the creditor to stay relief.

1st Circuit

Split Grows on Whether a Subchapter V Debtor Must Be ‘Currently’ Engaged in Business

The owner of defunct businesses was held ineligible to be a small business debtor because he was no longer the owner of an operating business. Being a non-owner executive of an operating business didn’t qualify him.

5th Circuit
Texas
Texas Northern District

Second Circuit Ducks a Critical Vendor Appeal

An appeal from a critical vendor order was dismissed as equitably moot.

2nd Circuit

Circuits Split on Applying Derivative Jurisdiction to a Lack of Personal Jurisdiction

In a removed action, nationwide service under Bankruptcy Rule 7004 can give a district court personal jurisdiction, even though the state court would lack personal jurisdiction.

11th Circuit

COVID’s Impact on the Ordinary-Course-of-Business Defense

April 2021

Bankruptcy Code
547
expert
Topic Tags
Bankruptcy Litigation
Practice and Procedure
Preferences
Business Reorganization
Covid19
Real Estate
Retail
Unsecured Trade Creditors

To Invoke Equitable or Statutory Mootness, the Record Must Be Clear that a Sale Closed

Unsubstantiated statements that a sale closed didn’t persuade a district judge in Dallas to invoke equitable or statutory mootness.

5th Circuit
Texas
Texas Northern District

To amend title 9 of the United States Code with respect to arbitration.

Thursday, February 11, 2021
Article Tags
Legislation
Practice and Procedure
Mass Torts
Full bill text forthcoming.

To amend title 9 of the United States Code to prohibit predispute arbitration agreements that force arbitration of disputes arising from private education loans, and for other purposes.

Thursday, February 11, 2021
Article Tags
Legislation
Practice and Procedure
Mass Torts
Full bill text forthcoming.
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