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Practice and Procedure

Time Limits for Effecting Service of Process Can Be Flexible, Eleventh Circuit Says

Under unusual circumstances, a two-year delay in completing service of process was not fatal in the Eleventh Circuit.

11th Circuit

Estate Claims Can’t Be Sold for Trivial Recovery by Unsecured Creditors

Had the purchaser of estate claims offered to waive its own unsecured claim, the sale might have been approved.

2nd Circuit
New York
New York Eastern District

Bankruptcy Court Doesn’t Have Exclusive Jurisdiction over Fraudulent Transfer Suits

The Nevada Supreme Court correctly unpacked the confusing notions of bankruptcy jurisdiction and the division of authority between district and bankruptcy courts.

9th Circuit
Nevada

Texas Judge Disagrees with Second Circuit on Sanctions for Violating Rule 3002.1

Bankruptcy Judge Eduardo Rodriguez explained why the Second Circuit was wrong in ruling that violators of Rule 3002.1 are only liable for compensatory damages.

2nd Circuit
New York
New York Southern District

Benchnotes November 2021

Nov 2021

Bankruptcy Code
1183
11 U.S.C. § 363(m)
509
1325
1329
1502
541
Topic Tags
Asset Sales
Claims
Ethics
Practice and Procedure
Professional Compensation/Fees
Consumer Bankruptcy

Split Heading to the Tenth Circuit on Sovereign Immunity for Section 544(b) Claims

The Tenth Circuit will likely take sides on a split between the Ninth and Seventh Circuits on Section 544(b) state-law claims brought by a trustee in the shoes of an actual creditor.

10th Circuit
Utah

Affirmance Shows that Merit Management Has Been Gutted in the Second Circuit

Properly structuring a leveraged refinancing in the Second Circuit can avoid attack as a fraudulent transfer despite the Supreme Court’s effort at narrowing the ‘safe harbor.’

2nd Circuit
New York
New York Southern District

Circuits Split on Whether Debtors Can Cure Chapter 13 Plan Arrearages After Five Years

Nov 2021

Bankruptcy Code
1307
1328
1329
Topic Tags
Practice and Procedure
Consumer Bankruptcy
Discharge/Dischargeability

Good Faith Is No Defense to an Allegedly Willful Stay Violation, Third Circuit Says

Lack of authority on point is no defense to a willful violation of the automatic stay, according to the Third Circuit.

3rd Circuit

Appeal from a ‘PPP’ Loan Dismissed as Equitably Moot

Would Section 364(c) validate a “PPP” loan even if an order compelling the SBA to make the loan was reversed on appeal?

9th Circuit
Arizona
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