Practice and Procedure

11th Circuit Jan 5, 2022

Bar to Challenging Taxes in Bankruptcy Court Isn’t Retroactive, Eleventh Circuit Says

The Eleventh Circuit opinion has important dicta on whether or not the tort of ‘continuous trespass’ exists in New York.
6th Circuit Dec 28, 2021

BAP Says that a Rule 41 Voluntary Dismissal Can Incorporate Discovery Sanctions

The BAP decision on voluntary dismissal under Rule 41 adds credence to the idea that bankruptcy courts can attach conditions to a debtor’s voluntary dismissal under Section 1307(b).
6th Circuit Dec 16, 2021

Circuit Judge Finds No Constitutional or Statutory Right to Free PACER Access

At the courthouse, the public is only entitled to free access to papers filed in that district.

Complaint Survives Against Chicago for Not Releasing Impounded Cars Immediately

Despite Fulton, a Chicago bankruptcy judge rules that the City of Chicago might have violated Section 362(a)(4), (a)(6) or (a)(7) by refusing to release impounded cars immediately after a debtor files a chapter 13 petition.