March 22, 2024
A creditor’s actual knowledge that a bankruptcy case exists isn’t enough for the creditor to be bound by a plan injunction, Delaware’s Judge Silverstein says.
3rd Circuit , Delaware ,
March 19, 2024
The Supreme Court’s narrowing of Rooker-Feldman is showing up in circuit court opinions.
February 28, 2024
In bankruptcy proceedings, formal notice isn’t required if there is actual notice, the Tenth Circuit says.
February 27, 2024
Two North Carolina Courts have held within two months that the Bankruptcy Clause doesn’t demand ‘financial distress’ to establish subject matter jurisdiction.
February 1, 2024
A vulgarity directed at the debtor wasn’t a stay violation absent an act designed to collect a debt.
January 18, 2024
Taggart doesn’t give more protection to a purchaser of debt than it does to the original creditor, Judge Scott Grossman says.
January 4, 2024
Bankruptcy Judge Whitley says that a no-opt-out plan for a solvent debtor might violate creditors’ due process and jury trial rights.
December 26, 2023
The Third Circuit gave royalty owners a constructive trust over royalties improperly paid to secured creditors. The circuit court did not rule on remedy.
December 18, 2023
Whether a creditor violated the automatic stay is not arbitrable in bankruptcy.
December 11, 2023
Some authority from the Supreme Court suggests that a contempt order without imposition of attorneys’ fees would not be final in a bankruptcy case.