April 20, 2022
At oral argument, the justices seemed more concerned about the remedy to give if the dual fee system was unconstitutional.
April 19, 2022
Had Congress considered the facts that were before Bankruptcy Judge Elizabeth Brown, it surely would have written the statute differently, this writer believes.
10th Circuit , Colorado ,
April 18, 2022
Curtailing equitable mootness will benefit the bankruptcy community by fostering appellate decisions that clarify the standards for confirmation of chapter 11 plans.
April 15, 2022
The Eleventh Circuit explained how prudential (or ‘person aggrieved’) standing is a higher standard more difficult to meet than constitutional (or ‘Article III’) standing.
April 13, 2022
In a case that may be headed to the U.S. Supreme Court at least once more, the Fourth Circuit is subjecting 26 multinational oil companies to the tender mercies of the Maryland state courts.
April 12, 2022
To be a good faith purchaser under Section 363(m), a purchaser must be given actual notice to those with an interest in the property. Constructive notice won’t suffice.
April 7, 2022
Being branded as a creditor is like a tattoo; it won’t ever come off.
April 6, 2022
The Supreme Court is still giving no hints about whether arbitration agreements are enforceable in bankruptcy cases.
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.