BAP Pushes Back Against Kelly on the Dischargeability of Disciplinary Costs
The Ninth Circuit BAP rebelled against the Supreme Court’s departure from the statute in Kelly v. Robinson on dischargeability under Section 523(a)(7).
Court:
How to Circumvent the Prohibition of Appealing Abstention Decisions to the Circuit
The Ninth Circuit BAP makes life easy for the Circuit Court of Appeals. Every circuit should have a BAP.
Court:
First Nixing $240,000 for Contempt, Fifth Circuit Approves $450,000 for Civil Contempt
Having previously set aside a $240,000 sanction as criminal contempt, the Fifth Circuit affirmed $450,000 in civil contempt against the same contemnor in the same bankruptcy case.
Court:
Discharge Injunction Violations Can’t Be Heard in Federal District Court
Circuits are split on whether claims for contempt of the discharge injunction must be brought in the bankruptcy court that issued the discharge.
Post-Confirmation/Post-Sale Jurisdiction
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Early Edition with Bill Rochelle
H.R. 1017, the "Bankruptcy Venue Reform Act"
To amend title 28, United States Code, to modify venue requirements relating to bankruptcy proceedings.
Supreme Court Says that Insurance Neutrality Doesn’t Deprive an Insurer of Standing
Reversing the Fourth Circuit, the Supreme Court gives a flexible interpretation to traditional notions of constitutional standing in bankruptcy cases and appeals.
Court:
Sub V Trustee Lacks Standing to Pursue an Adversary Proceeding for the Debtor
Bankruptcy Judge Eduardo Rodriguez of Houston opined on the limited powers of a Subchapter V trustee.