The New Jersey Law Journal recently published an article discussing the breadth and extent of bankruptcy court jurisdiction as applied by the Third Circuit Court of Appeals. The article discusses
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Warning: Third-Party Services and Access to Documents in CM/ECF
Federal courts across the country have issued a warning regarding the use of third-party services. This warning is applicable to all CM/ECF filers:
CM/ECF filers should be aware of the…
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Sixth Circuit BAP: Order Denying Motion to Dismiss a Bankruptcy Case is Not a Final Order
The Bankruptcy Appellate Panel of the Sixth Circuit recently held that a post-confirmation motion to dismiss a bankruptcy case is not a final order that is immediately appealable.
Northern District of Texas Holds EEOC Title VII Enforcement Action Falls Within Exception to the Automatic Stay
In a recent opinion, the U.S. District Court for the Northern District of Texas held that an Equal Employment Opportunity Commission (“EEOC”) action brought against an employer for alleged…
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Beware of Broad Release Language in Confirmation Plan
In a recent an opinion, the Delaware Bankruptcy Court enforced the broad release language in a confirmation plan to release certain entities that were never intended to be released.
The…
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Fifth Circuit: Debtor Judicially Estopped for Failure to Disclose Asset
In a recent opinion, the Fifth Circuit affirmed a district court ruling that found that a debtor was judicially estopped from claiming a stay violation by a mortgagee, who foreclosed…
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Bankruptcy Court Dismisses Breach of Duty of Fair Representation and Collusion Claims
Kerri Gallagher writes:
The Bankruptcy Court for the Southern District of New York recently dismissed claims in an adversary proceeding commenced by pilots against the pilots’ union and an airline …
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Mockery of Judicial System Determinations: Eleventh Circuit Confirms “Facts and Circumstances” Test
Kerri Gallagher writes:
The Eleventh Circuit recently held that when determining whether a plaintiff’s inconsistent statements are intended to make a mockery of the judicial system, a court must evaluate…
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Fifth Circuit Reviews Approval of Adversary Proceeding Settlement for Abuse of Discretion
Anahita Anvari writes:
In In re Beach v. Beach, the Fifth Circuit elaborated on its standard of review for adversary litigation settlements. No. 17-10481 (5th Cir. May 16, 2018).
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Bankruptcy Court Extends Personal Jurisdiction to Foreign Online Customer in Fraudulent Transfer Litigation
David Doty writes:
The U.S. Bankruptcy Court for the Northern District of California recently held that a Hong Kong resident who had made online purchases of wine through a California…
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