Circuit Judge Ambro Scribes the Boundaries Between Rooker-Feldman and Preclusion
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.
Courts Must Use Inherent Powers for Sanctions on Pro Se Litigants, Eleventh Circuit Says
In a nonprecedential opinion, the Eleventh Circuit holds that 28 U.S.C. § 1927 may not be used to impose monetary sanctions on pro se litigants.
Inside ABI September 2025
President’s Column As I write this, I’m in the midst of a multi-hour delay at Jacksonville, Fla., airport on what has been a “three conferences in three weeks” tour: ABI’s Northeast Bankruptcy Conference & Consumer Forum in my old stomping grounds at Bretton Woods, N.H
Legislative Highlights September 2025
Legislative Highlights GENIUS Act Signed into Law to Provide Framework for Stablecoins President Donald J. Trump on July 18 signed the “Guiding and Establishing National Innovation for U.S. Stablecoins Act” (GENIUS Act; Public Law No. 119-27 1) into law to establish a
Proceedings for Contempt of a State Court Order Weren’t Stay Violations, BAP Says
An individual debtor conceded that being jailed for violation of a prepetition state court injunction wasn’t an automatic stay violation.
A Disappointed Bidder Didn’t Have Prudential Standing in a Chapter 7 Case
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
Disclosing a post-petition retainer in a monthly operating report wasn’t a substitute for disclosure required by Rule 2016(b)(2).
Allowed Claim Can’t Be Used Offensively, Second Circuit Says
Second Circuit barred offensive use of claim preclusion based on ‘fairness’ but hinted that offensive claim preclusion might never be permitted.
Rite Aid: A Chapter 22, the Automatic Stay and Social Costs
Retailers everywhere appear to be filing chapter 22 — even chapter 33 — bankruptcies. This results in multiple litigation questions, the most recent of which pertain to Rite Aid.
No Substitutes for a Stay Pending Appeal to Avoid Mootness of a Sale Order
The appeal involved the sale of defensive appellate rights but wasn’t grounds for the decision by the Eighth Circuit.