March 6, 2023
The ‘possibility of harm’ won’t confer bankruptcy appellate standing, the Fifth Circuit says.
March 3, 2023
Federal courts have no jurisdiction to review decisions by Puerto Rico’s Oversight Board regarding the reduction of pension benefits.
March 2, 2023
Bankruptcy Judge Jernigan interprets the Fifth Circuit’s Highland Capital opinion to mean that gatekeeping protections are not limited to parties entitled to exculpation in the Fifth Circuit.
March 1, 2023
Disputed facts can defeat invocation of judicial estoppel on summary judgment.
February 28, 2023
The majority and the dissenter disagreed on whether the judgment merged individual creditors’ claims into one claim.
February 27, 2023
The Fourth Circuit wrote a scholarly (and dense) opinion differentiating among bankruptcy standing, bankruptcy appellate standing and constitutional standing.
February 24, 2023
Unlike Clark v. Rameker, where an inherited IRA wasn’t exempt, the inheritance of benefits under a pension plan might not become estate property under Section 541(c)(2).
February 23, 2023
The opinion by Justice Barrett largely bases the outcome on the use of the passive voice in Section 523(a)(2)(A).
February 22, 2023
Federal Rule 41(a)(1)(A) only permits voluntary dismissal of an entire action, not individual claims, the Eleventh Circuit says.
February 21, 2023
If there’s an appeal, Bankruptcy Judge Garrity told the district judge all there is to know about chapter 15.