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Practice and Procedure

It’s Not Easy for a Lender to Block an LLC from Filing Bankruptcy

A small business debtor must consent for a case to be converted to Subchapter V, Judge Robert Jones says.

5th Circuit
Texas
Texas Northern District

DocuSign Not Permitted Absent Existence of the Document with a ‘Wet’ Signature

As a general rule, counsel must show the existence of a document with a ‘wet’ signature to use an electronically signed version in court.

9th Circuit
California
California Eastern District

Dismissal Isn’t Mandatory if a New Filing Is Within 180 Days of a Voluntary Dismissal

Courts are split on whether Section 109(g)(2) mandates dismissal whenever an individual or family farmer refiles within 180 days, regardless of whether a lift-stay motion prompted dismissal of the first case.

3rd Circuit
Pennsylvania
Pennsylvania Eastern District

Seventh Circuit Upholds $9.5 Million in Sanctions for Violating a Plan Injunction

When there was a knowing violation of injunctions in the plan and confirmation order, the Seventh Circuit said that the appeal bordered on frivolous.

7th Circuit

Revlon Says: Creditors Lack Standing to Assert Claims of ‘General Interest to the Estate’

A creditor with ‘derivative’ claims based on preference or fraudulent transfer can’t convert them to ‘direct’ claims by asking for equitable relief.

2nd Circuit
New York
New York Southern District

First Circuit Writes a Treatise on the Elements of Judicial Estoppel

Disputed facts can defeat invocation of judicial estoppel on summary judgment.

1st Circuit

DOJ Provides Guidance on Evaluating Federal Student Loan Discharge Requests in Bankruptcy

April 2023

Bankruptcy Code
523(a)(8)
Topic Tags
Bankruptcy Litigation
Practice and Procedure
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability

Commercial Lease Rejection in Full-Pay Cases

April 2023

Bankruptcy Code
502
Topic Tags
Claims
Executory Contracts/Leases
Plan Confirmation
Practice and Procedure
Business Reorganization

Debts for a Partner’s Fraud Are Still Nondischargeable, the Supreme Court Says

The opinion by Justice Barrett largely bases the outcome on the use of the passive voice in Section 523(a)(2)(A).

Supreme Court

Exit 15: The Bankruptcy Code’s Hardest Chapter to Enter May Be Its Easiest to Leave

April 2023

Bankruptcy Code
CHAPTER 15 - Ancillary and Other Cross-Border Cases
Topic Tags
Bankruptcy Litigation
Practice and Procedure
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