Practice and Procedure

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Barton Protection Ends When the Bankruptcy Case Closes, Eleventh Circuit Says

Eleventh Circuit splits with four other circuits by holding that the Barton doctrine doesn’t protect trustees once the bankruptcy is over.

Court :

11th Circuit

Thursday, June 17, 2021

Article Tags

Claims

Bankruptcy Litigation

Corporate Governance

Court Administration

Creditors' Committee

Practice and Procedure

Business Reorganization

Health Care

Mass Torts

Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Thursday, June 17, 2021

Article Tags

Practice and Procedure

Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Treble Damages for ‘Willfulness’ Won’t Automatically Result in Nondischargeability

The lack of specific findings of fact by the arbitrator meant that a treble damage award for willful breach of contract was dischargeable.

Court :

2nd Circuit

New York

New York Eastern District

Acevedo Doesn’t Bar Compensation for Services Before Entry of a Retention Order

So long as there was no delay in filing the retention application, Judge Tighe identified statutory and practical reasons for allowing compensation for services rendered before entry of a retention order.

Court :

9th Circuit

California

California Central District

Sixth Circuit Creates a Split by Requiring Dismissal of an Abusive Chapter 13 Filing

Disagreeing with two other circuits, the Sixth Circuit finds no power in the bankruptcy court to avoid dismissing a chapter 13 case even if the debtor filed repeatedly in bad faith to avoid foreclosure.

Court :

6th Circuit

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