D.C. Circuit

An FTC Suit Under the Sherman and FTC Acts Wasn’t Subject to the Automatic Stay

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.

State Law Requiring Exhaustion of Administrative Remedies Won’t Divest Jurisdiction

Neither a contract nor state law requiring exhaustion of administrative remedies can divest the bankruptcy court of ‘core’ jurisdiction, even after plan confirmation.

Malicious Prosecution Can Mean a Nondischargeable Debt in Chapter 13

Bankruptcy Judge Gunn from D.C. sides with the majority to hold that “personal injury” does not require physical injury but may include reputational harm.

May a Judge Revoke a Small Business Designation under Subchapter V of Chapter 11?

Bankruptcy Judge Gunn found the power to revoke a small business designation and proceed under ‘traditional’ chapter11 in lieu of dismissing or converting to chapter 7.

A Claim Objection Can Head Off Election of a Permanent Chapter 7 Trustee

A creditor can’t elect a trustee to pick its adversary in a lawsuit, Bankruptcy Judge Gunn says.

D.C. Circuit Has Strict Rules for Constitutional Standing in FDCPA Suits

An FDCPA suit raises the question of whether Spokeo will be applied to bankruptcy cases.

District of Columbia Rejects the Jewel Doctrine, Joining California and New York

Lawyers leaving a bankrupt firm are not required to pay over profits on hourly matters they take to their new firms.

Courts Divided on Venue for Small-Dollar Avoidance Actions

Judges Pappas and Teel permit avoidance actions for small amounts to be prosecuted in the debtors’ bankruptcy courts.

New Bankruptcy Rule 3007(b) Alters Applicability of Res Judicata

When objecting to claims, new Rule 3007(b) means debtors are not required to assert counterclaims that would be adversary proceedings.

Circuits Split, Judge Teel Earmarks Collateral Surcharges for All ‘Admin’ Creditors

Law v. Siegel didn’t insulate professionals from disgorging interim fee awards.