Practice and Procedure

Eleventh Circuit Bans Chapter 11 Debtors from Receiving ‘PPP’ Loans

The Eleventh Circuit decided that the SBA acted within its rulemaking power by precluding chapter 11 debtors from receiving PPP loans under the CARES Act.

Do This, Not That: Ethics Roundtable

Witness Preparation: A Roundtable Discussion

Absent a Stay, Making Plan Payments for Two Years Renders an Appeal Equitably Moot

In the First Circuit, transferring the business or assets isn’t required before confirmation is equitably moot.

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.’

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.

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.