Bankruptcy Judge OKs Four Years of Jailing for Civil Contempt An appellate court will decide whether four years of jailing means that civil incarceration has become futile. Judge Name - Do not use it. Theodore C. Albert Read more about Bankruptcy Judge OKs Four Years of Jailing for Civil Contempt
An Objection to Third-Party Releases Must Be Raised in Bankruptcy Court A non-objecting creditor is bound by a third-party release even if the release may have been improper. Judge Name - Do not use it. Lee H. Rosenthal Read more about An Objection to Third-Party Releases Must Be Raised in Bankruptcy Court
Supreme Court Is on the Road to Overruling Dewsnup A ‘cert’ petition asks the high court to overrule Dewsnup and allow chapter 7 debtors to strip down or strip off undersecured mortgages. Read more about Supreme Court Is on the Road to Overruling Dewsnup
Without Excusable Neglect, Debtors May Claim Exemption in Reopened Cases The date of the closing of a case is not a ‘specified period’ invoking Rule 9006(b)(1) and requiring a debtor to show excusable neglect before amending schedules to claim an exemption. Judge Name - Do not use it. Michael E. Romero Read more about Without Excusable Neglect, Debtors May Claim Exemption in Reopened Cases
Seventh Circuit Makes Stays Pending Appeal Automatic in Mortgage Foreclosures The Seventh Circuit’s opinion interpreting the amendment to Rule 62 is nonprecedential and prompted a dissent, and it may apply only in some states. Judge Name - Do not use it. Ilana D. Rovner and David F. Hamilton Read more about Seventh Circuit Makes Stays Pending Appeal Automatic in Mortgage Foreclosures
Fifth Circuit Declines to Expand Equitable Mootness Beyond Plan Confirmation An appeal from an integrated sale and settlement can be dismissed under Section 363(m), the Fifth Circuit says. Judge Name - Do not use it. Gregg Costa Read more about Fifth Circuit Declines to Expand Equitable Mootness Beyond Plan Confirmation
Equitable Mootness Attacked in Jefferson County ‘Cert’ Petition Lack of a circuit split makes equitable mootness an unlikely topic for Supreme Court review. Judge Name - Do not use it. Supreme Court Read more about Equitable Mootness Attacked in Jefferson County ‘Cert’ Petition
Fifth Circuit Joins Sister Circuits in Bestowing Qualified Immunity on Trustees Qualified immunity kicks in when a trustee’s actions don’t qualify for absolute immunity. Judge Name - Do not use it. Stacey G.C. Jernigan Read more about Fifth Circuit Joins Sister Circuits in Bestowing Qualified Immunity on Trustees
‘Stern’ Disputes Invoke a Circuit Court’s General Jurisdiction Under 28 U.S.C. § 1291 Ninth Circuit says that Section 158(d)(1) isn’t an appeals court’s jurisdiction over a ‘Stern’ matter. Read more about ‘Stern’ Disputes Invoke a Circuit Court’s General Jurisdiction Under 28 U.S.C. § 1291