February 23, 2022
Judge Sontchi set aside a prior order preventing the trustee from controlling litigation brought in the trustee’s name.
3rd Circuit , Delaware ,
February 10, 2022
Seventh Circuit says that costs incurred by disciplinary authorities are not in compensation for ‘actual pecuniary loss.’
January 24, 2022
The U.S. Trustee is not the better or the only party to uphold the integrity of the bankruptcy court, the Second Circuit holds.
January 14, 2022
A state statute imposing sanctions for groundless claims is procedural and preempted by federal law with regard to fee-shifting.
January 10, 2022
The BAP decision on voluntary dismissal under Rule 41 adds credence to the idea that bankruptcy courts can attach conditions to a debtor’s voluntary dismissal under Section 1307(b).
January 3, 2022
Chapter 7 trustee was precluded from terminating a lawsuit because a secured lender had been given the right to settle.
3rd Circuit , Delaware ,
December 30, 2021
New Jersey judge says that professionals may not be able to limit liability when malpractice is more than mere negligence.
December 7, 2021
Judge Jacobvitz told counsel for chapter 13 debtors how to write their engagement agreements to ensure being paid from funds held by the trustee if the case converts to chapter 7 before confirmation.
December 6, 2021
Persuasive authority is required before a creditor can be held in contempt for violating the automatic stay protecting a corporate debtor.
November 23, 2021
Stay modification is required even if the creditor wants to intervene in state court to help the bankrupt estate.