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Practice and Procedure

Tenth Circuit Imports Section 363(m) to Nonbankruptcy Appeals

Tenth Circuit avoids deciding whether equitable mootness applies outside of bankruptcy.

10th Circuit
Tuesday, January 8, 2019
Article Tags
Court Administration
Practice and Procedure
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Monday, January 7, 2019
Article Tags
Claims
Court Administration
Creditors' Committee
Ethics
Practice and Procedure
Consumer Bankruptcy
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Supreme Court Grants ‘Cert’ to Decide Whether Good Faith Is a Defense to Contempt

Supreme Court has three bankruptcy cases this term, on nonjudicial foreclosure, trademark rejection, and contempt for a stay violation.

Supreme Court

Wildcard Exemption Covered a Prepetition Malpractice Claim

Judge Dales explains how Section 522(g) does not limit, but rather expands, a debtor’s exemptions.

6th Circuit
Michigan
Michigan Western District

Inside ABI January 2019

Jan 2019

Topic Tags
Practice and Procedure
Consumer Bankruptcy
Business Reorganization
Thursday, January 3, 2019
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Business Reorganization
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

Courts Are Split on Breach of Contract Resulting in Nondischargeability

In some circuits, never intending to repay a loan can result in nondischargeability under Section 523(a)(6).

10th Circuit
New Mexico

Post-Bankruptcy Compensation Standards for Receivers: Do Statutory Alternatives Make a Practical Difference?

Feb 2019

Bankruptcy Code
101
503
543
Topic Tags
Administrative Expense Claims
Claims
Bankruptcy Litigation
Practice and Procedure
Unsecured Trade Creditors

Ninth Circuit Allows Counsel Fees when Debtor Successfully Appeals a Stay Violation

Ninth Circuit is the first court of appeals to expand a debtor’s appellate counsel fees beyond successfully defending an award for a willful stay violation.

9th Circuit
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