August 12, 2022
Reversing the bankruptcy court, a district judge ruled that a company may file in chapter 7 even when there are no operations and no assets aside from insurance.
August 10, 2022
Fifth Circuit finds ‘related to’ jurisdiction in a lawsuit between two third parties who were neither debtors nor creditors.
July 27, 2022
An adverse inference sanction for spoliation of evidence is reviewed for abuse of discretion by the district court after withdrawal of the reference.
July 6, 2022
Fifth Circuit holds that 28 U.S.C. § 158 requires district judges or BAPs to decide bankruptcy appeals.
June 28, 2022
The Supreme Court now has two bankruptcy cases on the calendar for argument in the term to begin in October.
June 23, 2022
BAP doesn’t allow debtors to appeal when a trustee sells their home out from underneath them in a short sale.
May 31, 2022
Cutting back on knee-jerk invocation of arbitration, the Supreme Court says that agreements to arbitrate are no more enforceable than ordinary contracts.
May 9, 2022
To establish constitutional standing to appeal, an appellant must seek to overturn the order below, the Sixth Circuit BAP says.
April 25, 2022
This month, two circuits found no ‘related to’ bankruptcy jurisdiction for climate-change lawsuits against energy companies.
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.