New World Orders: Post-COVID Practice
Please sign in to access Materials or click here to join ABI.
105
Trustee Ordered to Disgorge Fees for Failing to Pay the U.S. Trustee’s Fees
The power to order disgorgement of fees arose under Section 105(a), not from Sections 330 or 331.
Sanctions of $150,000 Upheld Against Nationwide Consumer Firm
When $50,000 in sanctions were not enough to coerce compliance with the Code and Rules, the Eleventh Circuit upheld $150,000 in sanctions for a second violation.
Court:
No ‘Core’ Jurisdiction to Protect Nondebtors with Injunctions, N.Y. District Judge Says
New York district judge differs with the Third Circuit on a bankruptcy court’s constitutional power to issue nondebtor, third-party releases.
Seventh Circuit Bars ‘Objector Blackmail’ in a Class Settlement
The Seventh Circuit uses broad equitable powers to prevent one member of a class from receiving a settlement when appealing an issue applicable to the entire class.
Court:
Judicial Merry-Go-Round
Please sign in to access Materials or click here to join ABI.
Fifth Circuit Bans Molina Provisions in Chapter 13 Plans
Court cannot impose a nonstatutory provision on a chapter 13 ‘full payment’ plan that restricts the debtor’s right to modify a confirmed plan.
Court:
This DIP Loan Should Be Brought to You by Someone Who CARES! (or, “You Can’t Get There from Here”): A Plea for Rationality: Part Two 1/2
Journal Issue:
Please sign in to access Journal articles or click here to join ABI.
Stripping Down a Mortgage on a Mixed-Use Property Under the SBRA
A New York court allows a chapter 11 case pending for 15 months to redesignate for treatment under the Small Business Reorganization Act.
Lack of Familiarity with PACER Is No Excuse for a Late Filing
Filing with PACER should be left to the experts, by which we mean paralegals.
Court: