July 25, 2023
Section 959(a) doesn’t permit suing a trustee for breach of fiduciary duty outside of bankruptcy court.
July 24, 2023
The Fifth Circuit declined to follow the Ninth Circuit in questioning ‘person aggrieved’ as being inconsistent with recent Supreme Court authority.
July 21, 2023
Wellness International may have undercut prior Second Circuit authority giving pro se litigants a loophole for arguing there was no implied consent to final adjudication by an Article I judge.
July 20, 2023
Congress might want to consider closing a dischargeability loophole when it comes to injuries indirectly resulting from commission of a felony.
July 19, 2023
A trustee’s commissions can’t be based on a percentage of disbursements to the trustee’s own counsel, so says a New Jersey district judge.
July 18, 2023
Even under an unfavorable choice of law, a debtor in Connecticut was allowed to enjoy the state’s new $250,000 homestead exemption, even though her debts had accrued before the increase went into effect.
July 17, 2023
A repeat filer in chapter 13 must show ‘clear and convincing evidence’ of improved financial condition to warrant an extension of the automatic stay under Section 362(c)(3)(B), Chief Judge Taddonio says.
July 14, 2023
A bankruptcy judge in Oregon was unable to follow renowned Bankruptcy Judges ‘Burt’ Lifland and ‘Mike’ Lynn, who granted critical vendor motions.
July 13, 2023
The Third Circuit lauded Bankruptcy Judge Craig Goldblatt for a ‘well-reasoned’ opinion correctly interpreting Supreme Court authority.
July 12, 2023
Bankruptcy Judge Klinette H. Kindred declined to expand Bartenwerfer by imputing fraud or larceny when the debtor wasn’t a partner or agent.