Practice and Procedure

The new decision from the Second Circuit is based on prior opinions where the appeals court said there was no “jurisdiction” when it would have been correct to say there was no “power.”

Court :

2nd Circuit

Eleventh Circuit Validates Plan Release of Claims Against Insurers

Feb 2022

Bankruptcy Code

524

Topic Tags

Plan Confirmation

Practice and Procedure

Circuit Judge Finds No Constitutional or Statutory Right to Free PACER Access

At the courthouse, the public is only entitled to free access to papers filed in that district.

Court :

6th Circuit

Owner of a Long-Defunct Business Didn’t Qualify for Subchapter V

Being an ordinary employee didn’t mean that the debtor was engaged in business to qualify for Subchapter V.

Court :

3rd Circuit

Pennsylvania

Pennsylvania Western District

Friday, December 17, 2021

Article Tags

Practice and Procedure

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Fifth Circuit Has Rigid Standards for Chapter 7 Debtors to Have Standing to Appeal

An individual chapter 7 debtor has standing to appeal if the appeal could affect the debtor’s right to a discharge.

Court :

5th Circuit

Limits Placed on Rule 2004 Discovery After Chapter 11 Plan Confirmation

Although the bankruptcy court has subject matter jurisdiction after confirmation, the debtor cannot show ‘good cause’ for Rule 2004 discovery if it would confer an ‘unfair strategic advantage.’

Court :

11th Circuit

Florida

Florida Middle District