Massachusetts Marijuana Worker Denied Chapter 13 Bankruptcy Protection
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Supreme Court Rules on Mootness, but Not Equitable Mootness
The unanimous decision on March 19 by Justice Gorsuch contains language that could be used on both sides of the argument about the validity of equitable mootness.
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Texas Man Sentenced to Five Years for Hiding PPP Loans During Bankruptcy
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USTP Obtains Injunctions and Monetary Relief Against Two Bankruptcy Petition Preparers
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Rooker-Feldman Held Not to Prevent Relitigation of a Denied Exemption
The Supreme Court’s narrowing of Rooker-Feldman is showing up in circuit court opinions.
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A ‘13’ Debtor Can’t Dismiss After Conversion to ‘7,’ Tenth Circuit BAP Says
A 14-day stay under Rule 7062 might have saved the chapter 13 debtor’s right to dismiss under Section 1307(b).
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Being a ‘Net Winner’ in a Ponzi Scheme Doesn’t Automatically Mean Nondischargeability
Alleging that a debtor realized an ‘impossibly high’ rate of return in a Ponzi scheme isn’t enough to state a claim of nondischargeability for ‘actual fraud.’
Another Circuit Says Creditors Take Appreciation When a ‘13’ Case Converts to ‘7’
The Eighth Circuit aligned with the Ninth Circuit by holding that postpetition appreciation in a home belongs to creditors when a chapter 13 case converts to chapter 7.
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Ritzen and Bullard Didn’t Change the ‘Pragmatic Approach’ to Bankruptcy Finality
Under binding circuit precedent, a Delaware district judge ruled that an order denying a motion to dismiss a chapter 11 case is final and appealable.
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Judge Easterbrook Says: Bankruptcy Court Could Set Aside Erroneous State Court Ruling
By referring to the Rooker-Feldman doctrine, the appellant might have won an appeal where the bankruptcy court effectively set aside an erroneous decision by a state court regarding discharge.
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