A Bankrupt Defendant Complicates Filing an Appeal Against Everyone Else
The Sixth Circuit explains how to appeal when the automatic stay prevents an order in a multi-defendant suit from becoming a final order.
Court:
Modifying the Stay Doesn’t Relinquish Jurisdiction Entirely over the Dispute
In bankruptcy proceedings, formal notice isn’t required if there is actual notice, the Tenth Circuit says.
Court:
Fifth Circuit: MOAC Didn’t Weaken Section 363(m) on Statutory Mootness for Sales
The Fifth Circuit used Section 363(m) to avoid ruling on equitable mootness following consummation of a chapter 11 plan.
Court:
Another Judge Rules that Federal Bankruptcy Law Preempts Delaware Law on LLCs
Like Bankruptcy Judge Lopez in Houston, Delaware’s Judge Goldblatt decided that Delaware law governing LLCs can’t eliminate rights that are fundamental in federal bankruptcy law.
Court:
Rooker-Feldman Even Bars Review of State Court Judgments that Are ‘Void,’ Circuit Says
A debtor has one bite at the apple to enforce discharge. Take your pick: state or federal court, but not both.
Court:
Bankruptcy "Judge Shopping" Under Fire from Creditors, Professors
Please note that in order to view the content for the Bankruptcy Headlines you must either sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Denial of Modification of a Chapter 11 Plan Is Final and Appealable
Baltimore district judge applies the Fourth Circuit’s ‘substantial and unanticipated’ test to modifications of chapter 11 plans.
Court: