Views from the Bench
Why Not Chapter 15?
Fully Secured, Nonrecourse Creditors Can Be Involuntary Petitioners, BAP Says
An involuntary petitioner whose claim was paid after filing is still counted as an involuntary petitioner, the Ninth Circuit BAP says.
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Case Law Updates
Eighth Circuit Holds that § 303(i) Damages Are Available for § 305(a) Dismissal
Eighth Circuit panel disagrees about whether federal preemption bars state law claims for dismissal of an involuntary petition.
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Sovereign Immunity Is Difficult (Impossible?) to Waive in the Ninth Circuit
Reversing the BAP, the Ninth Circuit held that counsel’s oral waiver of sovereign immunity did not bind the state.
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Circuit Says Retaining Jurisdiction Not Required to Impose Fees Under Section 303(i)
Motions for fees must be made within 14 days of the entry of judgment.
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On a Circuit Split, First Circuit BAP Enforces Deadlines for Joining Involuntary Petitions
The circuits are split on whether a creditor has an ‘unfettered’ right to join as an involuntary petitioner.
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