January 16, 2024
Several justices seemed to believe that ‘prospective relief’ is sufficient to remedy the due process violation because the alternatives are ineffective.
January 5, 2024
The Sixth Circuit holds that a debtor cannot recover attorneys’ fees from the U.S. Trustee under the EAJA in a contested matter, but leaves open the possibility of liability for counsel fees in a losing adversary proceeding.
December 14, 2023
Acquiescence in an appeal to a BAP waives any right to de novo review by an Article III judge.
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.
December 8, 2023
If future liability on unexpired leases and executory contracts is counted, many companies will be ineligible for Subchapter V of chapter 11.
December 4, 2023
Refinancing a consumer loan to obtain a lower interest rate might make an individual debtor eligible for chapter 7.
November 30, 2023
Without allegations of an intentional tort, a willful breach of contract can’t be nondischargeable as a ‘willful and malicious’ injury.
November 28, 2023
Reversing the BAP, the Ninth Circuit (erroneously) holds that state law cannot demand more documentation for a proof of claim than Bankruptcy Rule 3001 requires for prima facie validity.
November 22, 2023
A district court opinion from Michigan raises the question of whether the Supreme Court’s decision in Marrama is still good law after Law v. Siegel.
November 13, 2023
The Second Circuit is remanding to district court for a ruling on the relief available to the landlord, given that the sale closed years ago.