When Is an Emergency Really an Emergency? A Chamber’s Perspective on Urgent Relief
When Is an Emergency Really an Emergency? A Chamber’s Perspective on Urgent Relief By Hon. Selene D. Maddox and Jace Ferraez 1 In bankruptcy practice, “emergency” is a term of art, not a label of convenience. Practitioners frequently invoke it, sometimes reflexively, to
Automatic Dismissal of a Chapter 13 Case Under Section 521(i)(1) Can’t Be Vacated
Because dismissal under Section 521(i)(1) is automatic and does not result from an order, there’s no rule to vacate dismissal for excusable neglect.
Ninth Circuit Will Sit En Banc to Decide Whether Trustees Have Qualified Judicial Immunity
The Ninth Circuit will sit en banc, presenting the possibility of a circuit split that could end up stripping bankruptcy trustees of qualified judicial immunity.
Panel Trustee’s Personal Misconduct Was Grounds for Removal for ‘Cause,’ BAP Says
The panel trustee had been found in state court to be a spousal abuser who lied in obtaining a Covid loan.
Benchnotes February 2025
Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo 1 Insurance Policy Buybacks and Settlements Approved in Rockville Centre Diocese Case In mass tort cases like many of the diocese sexual abuse bankruptcies, insurance can present a valuable source
Judicial Immunity Can Protect a Trustee when Barton Doesn’t Apply, Circuit Says
When a trustee mistakenly seizes a nondebtor’s property, the Barton doctrine by itself doesn’t protect the trustee, but judicial immunity does.
State Law Lines Up with Federal Judicial Estoppel When Assets Aren’t Scheduled
Oregon Supreme Court allows substitution of a bankruptcy trustee as the real party in interest because denial would chiefly punish the debtor’s creditors.
Denial of Withdrawal of the Reference Isn’t a Final, Appealable Order, Circuit Says
An appeal from an interlocutory order can’t be made final by the district court’s entry of judgment on the first appeal.