October 21, 2021
Disclosing a lawsuit in the SOFA and discussing the suit with the trustee was no substitute for listing the suit among a debtor’s assets, the Ninth Circuit held.
October 19, 2021
Debtor accepted a bar to refiling to avoid dismissal with prejudice of her chapter 13 case.
October 15, 2021
An arbitration case to be argued in November may inform bankruptcy courts whether they must enforce arbitration agreements.
October 14, 2021
Pennsylvania’s Judge Conway hints that failure to stop proceedings after bankruptcy can be an automatic stay violation, even after Fulton.
October 12, 2021
Bankruptcy Judge Christopher Klein explains appellate jurisdiction, finality, cumulative finality and mislabeled motions for reconsideration.
October 8, 2021
The circuits are now split 2/2 on whether the 2018 increase in U.S. Trustee fees violated the Bankruptcy Clause because the increase didn’t apply immediately in bankruptcy administrator districts.
October 6, 2021
Counsel sanctioned $10,000 for making allegations about an intentional or malicious stay violation without having performed an investigation to justify the claims.
October 5, 2021
An irrevocable surety bond isn’t executory because it gives the bonding company no further obligations to the debtor.
October 4, 2021
The Iqbal and Twombly standards don’t apply to involuntary petitioners who are required to use Official Form 105.
September 30, 2021
A creditor can’t elect a trustee to pick its adversary in a lawsuit, Bankruptcy Judge Gunn says.