Section 105(a) Doesn’t Give Rise to a Private Right of Action for Abuse of Process

With claims for abuse of process not available in a bankruptcy case, the offended party must pursue contempt or other sanctions created by the Bankruptcy Code, a California district judge says.

Fifth Circuit Reaffirms ‘Person Aggrieved’ as the Standard for Appellate Standing

The Fifth Circuit declined to follow the Ninth Circuit in questioning ‘person aggrieved’ as being inconsistent with recent Supreme Court authority.

Ninth Circuit Won’t Give Pro Se Litigants Slack About Consent to Final Adjudication

Wellness International may have undercut prior Second Circuit authority giving pro se litigants a loophole for arguing there was no implied consent to final adjudication by an Article I judge.

Deadline Approaching for Norton Judicial Excellence Award

All nominations for the annual Judge William L. Norton, Jr. Judicial Excellence Award must be received no later than July 17, 2023. This award, co-sponsored by American Bankruptcy Institute (ABI) and Thomson Reuters, honors a distinguished bankruptcy judge whose career has embodied the same dedication to the insolvency community as did that of the award’s namesake. You can view a list of the past honorees here.
 The award will be presented at the annual meeting of the National Conference of Bankruptcy Judges (NCBJ) in October. To nominate a candidate for the award, please download the nomination form here, and email it to Kathryn Copeland at [email protected].
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A Bankruptcy Petition Automatically Stays the Filing of an Appeal or a Cross Appeal

When the debtor files bankruptcy before the time has elapsed for a creditor to file a cross appeal, the cross appeal is deemed timely when filed within 30 days after the stay terminated, the Tenth Circuit held.

Sixth Circuit Staunches the Spread of Equitable Mootness to Chapter 7

Two judges on the Sixth Circuit cast doubt on the validity of the doctrine of equitable mootness, even in chapter 11 reorganizations.