Practice and Procedure

Section 105(a) Doesn’t Give Rise to a Private Right of Action for Abuse of Process

With claims for abuse of process not available in a bankruptcy case, the offended party must pursue contempt or other sanctions created by the Bankruptcy Code, a California district judge says.

All Future Liability on a Lease Counted for Subchapter V Eligibility

Future liability on a lease was counted as a liquidated, noncontingent debt in calculating whether the Subchapter V debtor had more than $7.5 million in debt.

Section 959(a) Isn’t an Exception to the Barton Doctrine, 9th Circuit BAP Says

Section 959(a) doesn’t permit suing a trustee for breach of fiduciary duty outside of bankruptcy court.

Ordinary-Course Payments by an Individual in a Sub V Proceeding

Sept 2023

Fifth Circuit Reaffirms ‘Person Aggrieved’ as the Standard for Appellate Standing

The Fifth Circuit declined to follow the Ninth Circuit in questioning ‘person aggrieved’ as being inconsistent with recent Supreme Court authority.

Contested Confirmations

Artificial Intelligence, Technology & Ethics

Lack of Creditor Opposition Isn’t Grounds for Extending an Expiring Automatic Stay

A repeat filer in chapter 13 must show ‘clear and convincing evidence’ of improved financial condition to warrant an extension of the automatic stay under Section 362(c)(3)(B), Chief Judge Taddonio says.