Failure to Petition the Circuit Court for a Direct Appeal Requires Dismissal
Overruling its own precedent, the Seventh Circuit dismissed an appeal when the appellant had not filed a motion in the appeals court for permission to undertake a direct appeal, even though the bankruptcy court had certified the question to the circuit.
An Order Directing Specific Performance Means the Contract Is Not Executory
Idaho’s Judge Myers rules that an order directing specific performance is not a transfer and cannot be a preference.
Earmarking Seems to Be a Dead Letter in the Tenth Circuit
BAP says the Tenth Circuit adopts legal fictions to create preferences.
Fifth Circuit Muses on the Split over Pleading Standards for Fraudulent Schemes
Fifth Circuit generally holds that heightened pleading standards in Rule 9(b) do not apply to claims that don’t rely on fraudulent activity, even though the overall scheme may be fraudulent.
Supreme Court Rejects Strict Liability for Discharge Violations
‘No objectively reasonable basis’ is the high court standard to find civil contempt for violating the discharge injunction.
Sixth Circuit Muses on Whether ‘Prudential Standing’ Applies in Bankruptcy
New judge on the Sixth Circuit raises a host of questions about the requisites of standing in bankruptcy court.
Reconstructed Time Records Are Ok in a POC for Pre-Filing Attorneys’ Fees
Rule 3001 doesn’t require time records in a mortgage lender’s proof of claim, Judge Loyd says.