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Practice and Procedure

Tuesday, May 14, 2019
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Plan Confirmation
Practice and Procedure
Business Reorganization
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
Tuesday, May 14, 2019
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Plan Confirmation
Practice and Procedure
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

Circuits Split on Bankruptcy Jurisdiction for Social Security, Medicare Suits

Fifth Circuit rejects the ‘recodification canon’ to divest bankruptcy courts of jurisdiction over Social Security suits.

5th Circuit

Malicious Theft of Trade Secrets Doesn’t Result in Nondischargeability, Circuit Says

Egregious behavior doesn’t always result in nondischargeability for willful and malicious injury.

4th Circuit

Fifth Circuit Upholds Sanctions Against ‘Nationwide’ Law Firm

Appeals court lauds Bankruptcy Judge Jeffrey Norman’s ‘well-reasoned’ opinion.

5th Circuit

Disclosing an Asset in the Wrong Place Won’t Invoke Judicial Estoppel, Circuit Says

Second Circuit won’t give a defendant a windfall if the debtor scheduled the lawsuit in the wrong place but told the trustee and the court.

2nd Circuit

Ninth Circuit Uses a Technicality to Keep a ‘Marijuana’ Case Alive

If a ‘marijuana’ case dodges a motion to dismiss, objecting to confirmation is too late, the Ninth Circuit says.

9th Circuit

Equity Can’t Alter the Three Petitioning Creditors Requirement, First Circuit Rules

Even if a debtor has committed fraud, at least three creditors still must join an involuntary petition if the debtor has 12 or more creditors.

1st Circuit

Ninth Circuit Bars Third Parties from Seeking Damages for Dismissal of an ‘Involuntary’

If the involuntary corporate debtor was deadlocked and unable to act, the dissenter would have permitted a 50% shareholder to seek damage for dismissal of the petition.

9th Circuit

Bankruptcy Notice to a Creditor Represented by Counsel in State Court Is Adequate

Conversely, giving notice to a creditor’s state-court counsel may not be adequate, New Jersey judge says.

3rd Circuit
New Jersey
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