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 19, 2022
The Ninth Circuit equates nonjudicial foreclosure with bankruptcy discharge in terms of the effect on deficiencies following foreclosure.
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 16, 2022
Special counsel unfamiliar with bankruptcy procedures weren’t excused from the requirement to file a final fee application by the deadline.
May 10, 2022
Over a vigorous dissent, the First Circuit Joins the Ninth Circuit by holding that Section 106(a) waives tribes’ sovereign immunity.
May 2, 2022
The City of Chicago argued unsuccessfully that liens on cars are statutory because they arise automatically when the car is impounded.
April 29, 2022
Circuit refuses to make an exception for trustees regarding the judge-made doctrine of in pari delicto.
April 28, 2022
Redesignation under the SBRA might become a hot topic once again when (if) Congress raises the cap back to $7.5 million.
April 27, 2022
The Ninth Circuit BAP explained the differences between contempt under Rule 9011, Section 105(a) and inherent authority.
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.