February 6, 2024
A debtor has one bite at the apple to enforce discharge. Take your pick: state or federal court, but not both.
January 9, 2024
Baltimore district judge applies the Fourth Circuit’s ‘substantial and unanticipated’ test to modifications of chapter 11 plans.
4th Circuit , Maryland ,
December 14, 2023
Acquiescence in an appeal to a BAP waives any right to de novo review by an Article III judge.
November 27, 2023
The split deepens on whether the jurisdiction of bankruptcy courts is limited by Article ‘case or controversy’ requirements.
November 14, 2023
Rooker-Feldman is applied narrowly these days and isn’t a substitute for collateral estoppel.
November 13, 2023
The Second Circuit is remanding to district court for a ruling on the relief available to the landlord, given that the sale closed years ago.
October 31, 2023
A Delaware opinion states that debtors can’t reincorporate to manufacture venue, but it’s permissible for lenders to do so.
3rd Circuit , Delaware ,
October 25, 2023
An exculpation clause in a chapter 11 plan protected the owner’s counsel from a malpractice suit.
October 23, 2023
A district judge, who had been a bankruptcy and BAP judge, narrowly interpreted 28 U.S.C. § 1412 as being inapplicable to pending suits only “related to” the bankruptcy.
10th Circuit , Kansas ,
October 17, 2023
Supreme Court to decide whether a creditor has standing to object to any provision in a chapter 11 plan, even provisions that don’t affect the creditor.