Supreme Court: The Bankruptcy Code Waived Tribes’ Sovereign Immunity
The Supreme Court resolved a split of circuits in an opinion that could give support to the notion that arbitration agreements are not enforceable in bankruptcy.
As if by Magic, Section 1412 Transforms an Improper Venue into a Proper Venue
A judge sitting in a proper venue may transfer venue to a district that was improper originally.
The Consumer Bankruptcy Reform Act: The Uncoupling of Debts
The Consumer Bankruptcy Reform Act: The Uncoupling of Debts By Brittany M. Woodman The Consumer Bankruptcy Reform Act (CBRA), originally introduced in December 2020, was reintroduced in September 2022 by Sen. Elizabeth Warren (D-Mass.) and Rep. Jerrold Nadler (D-N.Y.)
‘Preponderance’ Replaced ‘Clear and Convincing’ on Adoption of the Bankruptcy Code
The Seventh Circuit explained how preponderance of the evidence became the standard of proof for turnovers and dischargeability when the Bankruptcy Code replaced the Bankruptcy Act.
Supreme Court Hears Oral Argument on Tribal Sovereign Immunity
It appears as though the Supreme Court will decide Lac du Flambeau based entirely on textual analysis of Section 106(a), which does not explicitly abrogate sovereign immunity as to Native American tribes.
Notification of Bankruptcy Requires Lifting Garnishment of Post-Petition Income
Although the automatic stay does not require turning over property garnished before bankruptcy, a creditor may not continue garnishing property after filing, Judge Burgess says.
Core vs. Non-Core Doesn’t Determine Whether Arbitration Will Be Enforced
Chicago’s Judge Cleary didn’t compel arbitration of an affirmative counterclaim by the debtor against the creditor that would be determined in the course of passing on the allowance of the creditor’s proof of claim.
Judge Klein Charts the Path for Discharging Student Loans and Not Being Reversed
Bankruptcy Judge Christopher Klein provides authority for student loan debtors who win in bankruptcy court but face an appeal aimed at the trial court’s fact-findings.
‘Person Aggrieved’ for Appellate Standing Test May Have Died, but May Be Resurrected
Sixth Circuit judges wrote 17 pages of dicta to muse on whether the ‘person aggrieved’ test for appellate standing died with the adoption of the Bankruptcy Code but remains good law under the ‘zone-of-interests’ test.
Ninth Circuit BAP Rules on a Question to Be Decided Soon by the Supreme Court
Like the question in MOAC to be decided soon by the Supreme Court, the BAP says that the qualifications for an involuntary petitioner are not jurisdictional and can be waived.