Business Reorganization

3rd Circuit Sep 3, 2025

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.
11th Circuit Aug 26, 2025

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In a nonprecedential opinion, the Eleventh Circuit holds that 28 U.S.C. § 1927 may not be used to impose monetary sanctions on pro se litigants.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

10th Circuit Aug 15, 2025

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.
New Mexico Aug 15, 2025

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).
2nd Circuit Aug 8, 2025

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.

8th Circuit Jul 29, 2025

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.