Rejecting the holding of a non-precedential summary order, the Second Circuit clarified that parties may be added to an action -- without leave of the court and without reference to Fed. R. Civ. P....
Judge(s):
CALABRESI, NATHAN, Circuit Judges, AND NAGALA, District Judge
Res judicata does not bind the non-bankrupt corporate parent of a debtor that commences an adversary proceeding and then stipulates to its dismissal of the debtor's claim because the bankruptcy...
If a chapter 11's debtor's debts exceed $5 million and the bankruptcy court has not appointed a trustee for the debtor, the bankruptcy court must appoint an examiner if the United States trustee or...
A creditor, including a federal agency (here, the Social Security Administration), may recoup amounts overpaid to a debtor after the debtor has received a bankruptcy discharge if the agency's claim...
A chapter 7 trustee who is their own attorney has the burden of showing why work performed is legal in nature, rather than work typically performed by a chapter 7 trustee, when applying for...
Following the Supreme Court's decision in Bartenwerfer v. Buckley, 589 U.S. 69 (2023), and Texas law establishing a person's liability for another's misrepresentations, an arbitrator's findings of...
Under 28 U.S.C. § 1961(a), a judgment entered by a bankruptcy court in an adversary proceeding must include post-judgment interest because a bankruptcy court is a unit of the district court (28...
When determining whether a transfer left an entity insolvent, courts must accept the facts as they are and not as they hypothetically may be. Thus, when a debtor declared property as exempt under...
A lawyer is not disqualified from representing a bankruptcy trustee solely because the firm acted as outside general counsel to a company that had been voluntarily dismissed as a defendant from...
A bankruptcy court cannot reduce the amount of fees requested by a debtor's counsel without giving the lawyers notice and an opportunity for hearing if the rationale for the fee reduction is in the...
