February 2, 2023
In a case irreconcilable with two recent opinions from the Eleventh Circuit, the Fifth Circuit invokes Barton to bar a lawsuit against a trustee after the bankruptcy case had been closed.
January 19, 2023
Although the chapter 13 confirmation order was concededly final and enforceable, the appeals court set aside a plan provision modifying a residential mortgage.
January 18, 2023
The high court will decide whether a real estate tax foreclosure can violate the Takings Clause and whether Section 106 abrogates sovereign immunity as to Native American tribes.
January 13, 2023
Interference with state regulators can compel a bankruptcy court to abstain, even if abstention was not required under 28 U.S.C. § 1334(c).
January 9, 2023
All three courts to confront the question have now ordered the government to refund overpayments of U.S. Trustee fees.
January 4, 2023
District judge remonstrates a solvent parent company for seeking the protections of bankruptcy without filing chapter 11 itself.
December 27, 2022
An appeal from an order ruling on allowance of a priority claim must be taken immediately, not on confirmation of a chapter 11 plan.
December 22, 2022
Writs of execution and supplemental proceedings, not turnover actions, are the methods for enforcing a money judgment, Bankruptcy Judge Warren says.
December 20, 2022
Although deposed as debtor in possession, the Subchapter V debtor retains the sole power to file a chapter 11 plan.
December 16, 2022
Some tasks are too complex for lawyers and should be performed by paralegals.