April 5, 2022
Judge Klein let a lawyer off the hook for violating Rule 9011 because the lawyer had already been punished enough.
April 4, 2022
A prevailing party can’t appeal arguably erroneous findings.
April 1, 2022
Submitting a retention order with the wrong word resulted in a pivotal issue on appeal.
3rd Circuit , Delaware ,
March 23, 2022
The circuits are now split 2/1 on the waiver of sovereign immunity under Section 544(b) for lawsuits by a trustee based on claims that could have been made by an actual creditor.
March 18, 2022
The first court of appeals to reach the issue decides that the SBA properly interpreted the CARES Act to bar chapter 11 debtors from receiving PPP ‘loans.’
March 17, 2022
Fifth Circuit opinion shows that disallowance of a class proof of claim may preclude individual class members from filing late claims.
March 11, 2022
Someone seeking to issue a subpoena to a trustee is the proper party to seek leave under the Barton doctrine, Judge Clarkson says.
February 28, 2022
The bankruptcy court has no discretion to deny recognition in chapter 15 if the requirements of Section 1517(a) have been met.
February 25, 2022
Equitable tolling can extend the two-year deadline for filing complaints, but the deadline can’t be extended without notice to the defendants, even if they are unknown or unknowable.
February 24, 2022
Sometimes, demanding a jury trial in answering a complaint comes too late to withdraw the reference.