First Circuit Upholds Confirmation of Puerto Rico’s Debt Adjustment Plan
Federal preemption allowed rejection of the defined benefit pension plan for Puerto Rico’s teachers.
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‘Reasonable Possibility’ of a Surplus Gives a Debtor Standing in Chapter 7
Due process considerations mean it’s not harmless error if a debtor was denied standing improperly.
Costs of a Disciplinary Proceeding Again Held Nondischargeable Under Section 523(a)(7)
Seventh Circuit says that costs incurred by disciplinary authorities are not in compensation for ‘actual pecuniary loss.’
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.
Sixth Circuit Erects Barriers to FDCPA Suits by Consumers in a 2/1 Opinion
A statutory violation by itself won’t necessarily give a plaintiff constitutional standing.
Filing Chapter 15 as a ‘Litigation Tactic’ Didn’t Bar ‘Foreign Main Recognition’
Bankruptcy Judge Garrity didn’t impose a good faith filing requirement onto foreign main recognition of a chapter 15 case.
Another Circuit Upholds the 2018 Increase in U.S. Trustee Fees
Dissenters in the Fourth and Fifth Circuits evidently believe that the dual U.S. Trustee/Bankruptcy Administrator system is unconstitutional.
Faulty Pleading Resulted in Dismissal of a Suit by an ‘Unknown’ Creditor
Third Circuit dicta suggests that failure to create a trust is constitutionally deficient and won’t discharge claims of ‘unknown’ creditors in a chapter 11 plan.
Equitable Mootness Doesn’t Violate Due Process, First Circuit Says
Constitutional arguments don’t entitle the creditor to stay relief.
Tempnology Didn’t Undercut the Validity of Equitable Mootness, First Circuit Says
Confirmation appeals in two big cases are dismissed on the same day for equitable mootness.