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.
March 29, 2022
A question may be headed to the Sixth Circuit, where debtors hope to create a circuit split.
March 28, 2022
A lien securing a claim based on the purchase or sale of securities is subordinated, just like the claim, the Ninth Circuit BAP says.
March 25, 2022
10th Circuit , Colorado ,
A hybrid contract covering both goods and services is accorded priority status under Section 503(b)(9) only for the value of the goods, even if the contract primarily involved the sale of goods.
March 24, 2022
Section 157(b)(5) does not bar the bankruptcy court from trying defamation and IIED claims, Judge Thuma says, siding with Judge Bernstein.
March 23, 2022
The circuits are now split 2/1 on the waiver of sovereign immunity under Section 544(b) for lawsuits by a trustee based on claims that could have been made by an actual creditor.
March 22, 2022
Reversing the bankruptcy court, the district court decided that a local rule did not bar bifurcated fee arrangements altogether.
March 21, 2022
Unsuccessfully attempting to punch homes in Mirant, FERC emerged from the Fifth Circuit with no power to stop bankruptcy courts from rejecting contracts otherwise within FERC’s jurisdiction.