May 26, 2022
The circuits are split on whether a creditors’ committee may intervene as of right in adversary proceedings under Section 1109(b).
May 17, 2022
The decision by the Supreme Court next term in Bartenwerfer will tell us whether debts can be automatically nondischargeable, even when the debtor is without fault.
May 11, 2022
Over a dissent, the Eleventh Circuit held that a 1995 chapter 11 plan discharged the liability of ‘related persons’ to pay health care benefits when a coal producer defaulted on the obligation in 2016.
April 15, 2022
The Eleventh Circuit explained how prudential (or ‘person aggrieved’) standing is a higher standard more difficult to meet than constitutional (or ‘Article III’) standing.
March 4, 2022
Florida district judge explains why a foreign debtor isn’t required to have a presence in the U.S. before the debtor’s foreign representatives can win recognition under chapter 15.
February 24, 2022
Sometimes, demanding a jury trial in answering a complaint comes too late to withdraw the reference.
February 4, 2022
The Eleventh Circuit has subjected its trustees to the risk of expensive litigation in a faraway court unfamiliar with what happened in the bankruptcy case.
January 21, 2022
Can a state law properly decree when a debtor’s property drops out of the estate?
January 20, 2022
On an issue the Supreme Court will decide this spring, the Eleventh Circuit broke the tie among the circuits by finding no unconstitutional lack of uniformity when the 2018 increase in U.S. Trustee fees was not immediately applicable in two states with Bankruptcy Administrators.
January 13, 2022
The Eleventh Circuit opinion has important dicta on whether or not the tort of ‘continuous trespass’ exists in New York.