Docketing Judgment Doesn’t Create a Lien on Personalty Until Execution
The issuance of an execution to the sheriff in New York results in the creation of a lien on personalty and the time of a transfer for preference purposes.
Administratively Closing an Individual’s Chapter 11 Case Terminates the Stay
If an individual chapter 11 debtor administratively closes a confirmed case to avoid U.S. Trustee fees, be sure to have an order continuing the stay until a discharge is entered.
The Two-Year Deadline for Avoidance Actions May Be Extended, Judge Baer Says
Only one circuit court has opined on the ability of a bankruptcy court under Rule 9006(b) to extend the deadline for filing avoidance actions.
Cert. Granted on a Circuit Split About Judicial Estoppel for Undisclosed Claims
Amicus briefs are needed so the Supreme Court sees the big picture and understands that creditors can suffer if judicial estoppel is applied indiscriminately.
Lack of Financial Distress Results in Chapter 11 Dismissal for Bad Faith
Lack of financial distress was one of several contributing factors for the Tenth Circuit BAP’s affirmance of dismissal for bad faith filing in chapter 11.
Inside ABI October 2025
Event Roundup Mid-Atlantic Bankruptcy Workshop Convenes in Chocolate Town, U.S.A. This year’s Mid-Atlantic Bankruptcy Workshop, geared toward practitioners in the Mid-Atlantic region, was held Aug. 18-20 in Hershey, Pa., at the family-friendly Hershey Lodge. Attendees
Reimposing the Stay Is a Final Order to Be Appealed Immediately, Ninth Circuit Says
Ninth Circuit questions continuing validity of BAP opinions on finality handed down before Ritzen.
Circuit Judge Ambro Scribes the Boundaries Between Rooker-Feldman and Preclusion
A final judgment on an issue in state court doesn’t by itself deprive federal courts of subject matter jurisdiction under the Rooker-Feldman doctrine, the Third Circuit explains.
Courts Must Use Inherent Powers for Sanctions on Pro Se Litigants, Eleventh Circuit Says
In a nonprecedential opinion, the Eleventh Circuit holds that 28 U.S.C. § 1927 may not be used to impose monetary sanctions on pro se litigants.
Inside ABI September 2025
President’s Column As I write this, I’m in the midst of a multi-hour delay at Jacksonville, Fla., airport on what has been a “three conferences in three weeks” tour: ABI’s Northeast Bankruptcy Conference & Consumer Forum in my old stomping grounds at Bretton Woods, N.H