New Mexico Aug 15, 2025

A Disappointed Bidder Didn’t Have Prudential Standing in a Chapter 7 Case

Quick Take In a chapter 7 case, a disappointed bidder wasn’t required to show Article III standing but was still required to demonstrate prudential standing as falling within the class of persons protected by Section 363.

Disgorgement Was the Remedy for Failure to Disclose a Post-Petition Retainer

Quick Take Disclosing a post-petition retainer in a monthly operating report wasn’t a substitute for disclosure required by Rule 2016(b)(2).
2nd Circuit Aug 8, 2025

Allowed Claim Can’t Be Used Offensively, Second Circuit Says

Quick Take Second Circuit barred offensive use of claim preclusion based on ‘fairness’ but hinted that offensive claim preclusion might never be permitted.