November 27, 2023
The split deepens on whether the jurisdiction of bankruptcy courts is limited by Article ‘case or controversy’ requirements.
November 14, 2023
Rooker-Feldman is applied narrowly these days and isn’t a substitute for collateral estoppel.
November 13, 2023
The Second Circuit is remanding to district court for a ruling on the relief available to the landlord, given that the sale closed years ago.
October 31, 2023
A Delaware opinion states that debtors can’t reincorporate to manufacture venue, but it’s permissible for lenders to do so.
October 25, 2023
An exculpation clause in a chapter 11 plan protected the owner’s counsel from a malpractice suit.
October 23, 2023
A district judge, who had been a bankruptcy and BAP judge, narrowly interpreted 28 U.S.C. § 1412 as being inapplicable to pending suits only “related to” the bankruptcy.
October 17, 2023
Supreme Court to decide whether a creditor has standing to object to any provision in a chapter 11 plan, even provisions that don’t affect the creditor.
September 28, 2023
The ‘police and regulatory’ exception to the automatic stay applies when the FTC is only seeking injunctive and equitable relief, the D.C. Circuit says.
September 19, 2023
The Fourth Circuit says that bankruptcy courts have broader jurisdiction than other federal courts and that some of their decisions are unreviewable by Article III courts.
September 15, 2023
Ninth Circuit doesn’t allow debtors to appeal when a trustee sells their home out from underneath them in a short sale.