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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).

6th Circuit
Wednesday, December 29, 2021
Article Tags
Fraud
Practice and Procedure
Consumer Bankruptcy
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“The Great Unsettled Question”: Nonconsensual Third-Party Releases Deemed Impermissible in Purdue

Feb 2022

Bankruptcy Code
524(g)
11 U.S.C. § 105
Topic Tags
Claims
Bankruptcy Litigation
Creditors' Committee
Fraudulent Transfers
Plan Confirmation
Practice and Procedure
Business Reorganization

Landlords Without Borders: Challenges in Canadian/U.S. Cross-Border Retail Restructurings

Feb 2022

Bankruptcy Code
11 U.S.C. § 365
CHAPTER 15 - Ancillary and Other Cross-Border Cases
Topic Tags
Practice and Procedure
Venue/Jurisdiction
Covid19
International Insolvency
Retail

Creating a Split, Second Circuit Says that Section 363(m) Is Jurisdictional

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.”

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.

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.

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.

5th Circuit
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