April 19, 2022
10th Circuit , Colorado ,
Had Congress considered the facts that were before Bankruptcy Judge Elizabeth Brown, it surely would have written the statute differently, this writer believes.
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.
April 11, 2022
If a proceeding is sub judice when the defendant files bankruptcy, the plaintiff should figure out whether a decision after bankruptcy would violate the automatic stay.
April 8, 2022
Due process considerations mean it’s not harmless error if a debtor was denied standing improperly.
April 6, 2022
The Supreme Court is still giving no hints about whether arbitration agreements are enforceable in bankruptcy cases.
April 5, 2022
Judge Klein let a lawyer off the hook for violating Rule 9011 because the lawyer had already been punished enough.
April 4, 2022
A prevailing party can’t appeal arguably erroneous findings.
April 1, 2022
3rd Circuit , Delaware ,
Submitting a retention order with the wrong word resulted in a pivotal issue on appeal.
March 31, 2022
ate law might provide an equitable basis for denying a state-law exemption, although Law v. Siegel won’t permit equity to defeat an exemption claim under federal law.
March 30, 2022
The district court opinion affirms the notion that bankruptcy courts have ‘core’ power without a jury to adjudicate claims of attorney misconduct.