Practice and Procedure

Amicus briefs are needed so the Supreme Court sees the big picture and understands that creditors can suffer if judicial estoppel is applied indiscriminately.

The lack of ‘pecuniary interest’ may deprive a chapter 7 debtor of constitutional standing, even though the debtor is a ‘party in interest.’

Bankruptcy Judge Meisel implores the Third Circuit to follow other circuits on dismissing bad faith debtors’ chapter 13 petitions but with bars to refiling.

Lack of financial distress was one of several contributing factors for the Tenth Circuit BAP’s affirmance of dismissal for bad faith filing in chapter 11.

Ninth Circuit questions continuing validity of BAP opinions on finality handed down before Ritzen.

A final judgment on an issue in state court doesn’t by itself deprive federal courts of subject matter jurisdiction under the Rooker-Feldman doctrine, the Third Circuit explains.

A tax foreclosure that isn’t an unconstitutional taking can still be a constructively fraudulent transfer depending on when and how the debtor receives the equity above the delinquent taxes.

In a nonprecedential opinion, the Eleventh Circuit holds that 28 U.S.C. § 1927 may not be used to impose monetary sanctions on pro se litigants.

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.

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