April 15, 2021
Seventh Circuit says that Fulton left open the question of whether holding an impounded car violates Sections 362(a)(4) or (a)(6).
April 12, 2021
Bankruptcy removal statute doesn’t permit moving a suit in district court to the bankruptcy court in another district.
April 7, 2021
The Supreme Court’s Midland Funding opinion was no defense to invocation of a Nevada statute shifting fees and compelling the creditor to pay the debtor’s costs in expunging stale claims.
9th Circuit , Nevada ,
April 6, 2021
If a case is dismissed, all assets revest in the debtor and nothing remains in the bankruptcy estate, not even undisclosed assets.
April 5, 2021
Creditors’ lawyers shot themselves in the foot by having the bankruptcy judge moot a motion for an extension of the dischargeability deadline.
March 30, 2021
The Eleventh Circuit narrowed its Jet Florida rule that allowed suing a discharged debtor as nominal defendant.
March 25, 2021
Serving a summons and complaint by certified mail is ineffective without a return receipt.
March 18, 2021
The Third Circuit found loopholes in the purchase agreement permitting the buyer to assert an administrative claim, even though the breakup fee was disallowed.
March 15, 2021
The Eleventh Circuit was ‘skeptical’ about a violation of the anti-slavery amendment resulting from the appointment of a chapter 11 trustee to oust an individual chapter 11 debtor in possession.
March 12, 2021
Fee allowances aren’t made with the benefit of hindsight, the Fifth Circuit says.