March 28, 2024
Affirming the BAP, the Ninth Circuit explains why a Subchapter V trustee in possession is not a receiver.
March 27, 2024
The Ninth Circuit BAP says that 28 U.S.C. § 1334(e)(2) gives bankruptcy courts exclusive jurisdiction with regard to disputes over fee allowances.
March 26, 2024
A district judge in New York reversed a bankruptcy judge who had permitted a nonconsensual, nondebtor release in a Subchapter V case.
March 25, 2024
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.
March 22, 2024
A creditor’s actual knowledge that a bankruptcy case exists isn’t enough for the creditor to be bound by a plan injunction, Delaware’s Judge Silverstein says.
3rd Circuit , Delaware ,
March 21, 2024
The Supreme Court may decide that standing in bankruptcy cases is more flexible and that Article III standards don’t apply in chapter 11 cases.
March 20, 2024
The Seventh Circuit adopted a broad reading of the Section 546(e) safe harbor to dismiss a fraudulent transfer suit attacking a sale of nonpublic securities.
March 19, 2024
The Supreme Court’s narrowing of Rooker-Feldman is showing up in circuit court opinions.
March 18, 2024
A 14-day stay under Rule 7062 might have saved the chapter 13 debtor’s right to dismiss under Section 1307(b).
March 15, 2024
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.’