Practice and Procedure

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Expanding on Midland Funding, a BAP Disallows Fee-Shifting for Time-Barred Claims

A state statute imposing sanctions for groundless claims is procedural and preempted by federal law with regard to fee-shifting.

Court :

9th Circuit

Bar to Challenging Taxes in Bankruptcy Court Isn’t Retroactive, Eleventh Circuit Says

The Eleventh Circuit opinion has important dicta on whether or not the tort of ‘continuous trespass’ exists in New York.

Court :

11th Circuit

Supreme Court to Resolve Circuit Split on the 2018 Increase in U.S. Trustee Fees

The Supreme Court granted certiorari to decide whether the 2018 increase in U.S. Trustee fees violated the Bankruptcy Clause because it was not immediately applicable in two states with Bankruptcy Administrators.

Court :

Supreme Court

Tuesday, January 11, 2022

Article Tags

Court Administration

Practice and Procedure

Business Reorganization

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Ethics and the Art of Mediation

April 2022

Topic Tags

Alternative Dispute Resolution

Claims

Bankruptcy Litigation

Ethics

Fraudulent Transfers

Practice and Procedure

BAP Says that a Rule 41 Voluntary Dismissal Can Incorporate Discovery Sanctions

The BAP decision on voluntary dismissal under Rule 41 adds credence to the idea that bankruptcy courts can attach conditions to a debtor’s voluntary dismissal under Section 1307(b).

Court :

6th Circuit

Wednesday, December 29, 2021

Article Tags

Fraud

Practice and Procedure

Consumer Bankruptcy

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