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Practice and Procedure

Automatic Stay Applies Automatically to the Archbishop of a Bankrupt Archdiocese

Although a lawsuit against the archbishop violated the automatic stay, Judge Thuma of Albuquerque declined to impose sanctions because precedent was ‘spotty or nonexistent.’

10th Circuit
New Mexico

Statement of Profitability Must Be in Writing to Underpin a Nondischargeability Claim

A statement about the profitability of a corporation the debtor owns is a statement about the debtor’s own financial condition, the Fifth Circuit says.

5th Circuit

Balancing Act in Abengoa Bioenergy: Revisiting the Equitable Mootness Doctrine’s Impact on Appellate Rights

Feb 2021

Bankruptcy Code
1101
1141
1142
Topic Tags
Bankruptcy Litigation
Plan Confirmation
Practice and Procedure

Circuit Whacks a Bankruptcy Lawyer with Sanctions for a Brief ‘Littered’ with ‘Rants’

Eleventh Circuit hits an attorney for a brief citing Bugs Bunny rather than caselaw authority.

11th Circuit

Rejection of FERC-Regulated Agreements: Is In re Ultra Petroleum the Last Word?

Feb 2021

Bankruptcy Code
11 U.S.C. § 365
Topic Tags
Automatic Stay
Bankruptcy Litigation
Practice and Procedure
Venue/Jurisdiction

Benchnotes February 2021

Feb 2021

Bankruptcy Code
345
1124
Topic Tags
Automatic Stay
Claims
Bankruptcy Litigation
Fraudulent Transfers
Plan Confirmation
Practice and Procedure
Preferences
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
Family/Divorce Issues
Friday, December 18, 2020
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Business Reorganization
Finance and Banking
Investment Banking
Retail
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, December 18, 2020
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Plan Confirmation
Practice and Procedure
Business Reorganization
Covid19
Retail
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

Madoff Trustee Wins Prejudgment Interest from ‘Net Winner’ Who Didn’t Settle

By continuing to litigate for 10 years on a lost cause, prejudgment interest will ‘up’ a fraudulent transfer defendant’s liability by 40%.

2nd Circuit
New York
New York Southern District

Bankruptcy Judges Disagree About Abatement of Rent During the Pandemic

Neither the Bankruptcy Code nor state law permits reducing rent when government regulations restrict a debtor’s ability to generate income, Judge Isgur says.

5th Circuit
Texas
Texas Southern District
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