Practice and Procedure

Friday, August 19, 2022

Article Tags

Claims

Bankruptcy Litigation

Corporate Governance

Court Administration

Creditors' Committee

Practice and Procedure

Business Reorganization

Finance and Banking

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Fifth Circuit Holds that Surety Bonds Are Not Executory Contracts

The Fifth Circuit said in dicta that courts might apply the ‘functional approach’ rather than the Countryman test in deciding whether a triangular contract is executory.

Court :

5th Circuit

Collateral Estoppel and Its Effect on Enforcing Judgments

Nov 2022

Bankruptcy Code

523(a)(4)

523(a)(6)

Topic Tags

Bankruptcy Litigation

Court Administration

Fraud

Practice and Procedure

Discharge/Dischargeability

Small Business

After Siegel, Tenth Circuit Mandates Refunds for Overpayment of U.S. Trustee Fees

The Tenth Circuit is the first appeals court to rule on remedy after the Supreme Court said that the 2018 increase in U.S. Trustee fees was unconstitutional.

Court :

10th Circuit

Sixth Circuit Defines Res Judicata Liberally

Res judicata can bar a claim in a later lawsuit if it wasn’t raised in bankruptcy court, given a bankruptcy court’s broad jurisdiction.

Court :

6th Circuit

Channeling ‘Asbestos’ Claims Is a Legitimate Use of Chapter 7, District Judge Says

Reversing the bankruptcy court, a district judge ruled that a company may file in chapter 7 even when there are no operations and no assets aside from insurance.

Court :

2nd Circuit

Connecticut

Thursday, August 11, 2022

Article Tags

Ethics

Fraud

Practice and Procedure

Consumer Bankruptcy

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Bankruptcy Removal Isn’t the Same as General Removal, Fifth Circuit Explains

Fifth Circuit finds ‘related to’ jurisdiction in a lawsuit between two third parties who were neither debtors nor creditors.

Court :

5th Circuit

First Circuit BAP Limits the Student Loan ‘Borrower Defense’

The First Circuit BAP suggests that invocation of the borrower defense with regard to dischargeability of student loans requires exhaustion of administrative remedies in the Department of Education.

Court :

1st Circuit