September 21, 2022
When disbursement depends on subsequent court approval, the transfer still occurs beforehand when the deposit was made in custodia legis.
July 27, 2022
An adverse inference sanction for spoliation of evidence is reviewed for abuse of discretion by the district court after withdrawal of the reference.
June 2, 2022
Local rules require lawyers to prepare and fill all required chapter 7 papers regardless of whether the debtor pays the fee or agrees to pay the fee.
April 26, 2022
Authorities are split on whether avoidance actions are estate property that can be sold or can only be prosecuted by the trustee.
April 18, 2022
Curtailing equitable mootness will benefit the bankruptcy community by fostering appellate decisions that clarify the standards for confirmation of chapter 11 plans.
November 16, 2021
Circuits are split 2/1 on whether a debtor must have committed a securities law violation before a judgment is made nondischargeable under Section 523(a)(19).
October 20, 2021
Retired Judge Kressel wrote the opinion in 2000 relied on by the Eighth Circuit.
August 10, 2021
Circuit Judge Loken predicts the Supreme Court will abolish equitable mootness if the lower courts don’t cut back and start reviewing the merits of confirmed chapter 11 plans.
July 19, 2021
Federal law allows tribes to determine whether a tribe member’s interest in distributions of gaming revenue will be estate property in bankruptcy, Judge Ridgway says.
June 25, 2021
Courts are continuing to grapple with bifurcated fee arrangements allowing chapter 7 debtors to pay the entire fee after filing.