Tag: Bankruptcy

“Indicative Rulings”: Settling Bankruptcy Disputes While On Appeal — Rule 8008 (In re Millenkamp) (Part 3)

Indicating? (Photo by Marilyn Swanson) By: Donald L Swanson Here is an opinion illustrating how the “indicative rulings” process in Fed.R.Bankr.P. 8008 can work: Millenkamp Cattle, Inc. v. East Valley Development, LLC (In re Millenkamp Cattle, Inc.), Adv. No. 25-8003, Idaho Bankruptcy Court (decided August 19, 2025). Facts Before filing bankruptcy, Debtor enters into two contracts... Continue Reading →

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Arbitrating An Automatic Stay Dispute—And U.S. Constitution’s Bankruptcy Uniformity (Goldman Sachs v. Brown)

Uniformity (photo by Marilyn Swanson) By: Donald L Swanson A long-standing tension exists between provisions of the Bankruptcy Code and provisions of the Federal Arbitration Act (9 U.S.C. § 1 et seq., “FAA”). The question in such tension is this: must disputes over essential bankruptcy functions be addressed in arbitration, instead of bankruptcy court, under pre-petition... Continue Reading →

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“Indicative Rulings”: For Settling Non-Bankruptcy Disputes On Appeal (Vroom v. Sidekick) (Part 2)

Indicating? (Photo by Marilyn Swanson) By: Donald L Swanson Here’s an opinion illustrating how the indicative ruling process works under Rule 62.1 (when there is no bankruptcy case involved): Vroom, Inc. v. Sidekick Tech., LLC, Case No. 21-cv-6737 (U.S. District Court for New Jersey; decided January 6, 2026). What follows is an attempt at summarizing the... Continue Reading →

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Must An Avoidance Lawsuit Against A Subsequent Transferee Under § 550(a) Name The Initial Transferee As Defendant? (Phillips v. SS Associates)

The initial transfer? (photo by Marilyn Swanson) By: Donald L Swanson “[T]o the extent that a transfer is avoided . . . , the trustee may recover . . . the property transferred, or . . . the value of such property, from—(1) the initial transferee of such transfer . . . , or (2) any... Continue Reading →

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Oral Arguments At U.S. Supreme Court On Judicial Estoppel And Bankruptcy (Keathley v. Buddy Ayers)

Oral Arguments Transcript -- Title Page By: Donald L Swanson Will the U.S. Supreme Court consider the interests of Debtor’s creditors and bankruptcy estate in deciding whether Debtor’s pursuit of a lawsuit is barred by judicial estoppel? That’s an issue in Keathley v. Buddy Ayers Construction, Inc., Case No. 25-6 at the U.S. Supreme Court, in... Continue Reading →

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U.S. Supreme Court: Bankruptcy Discharge Standard Of Proof As Precedent In Other Contexts (E.M.D. Sales v. Carrera)

Precedent? (Photo by Marilyn Swanson) By: Donald L Swanson The U.S. Supreme Court doesn't issue a lot of bankruptcy opinions.  But it does use its bankruptcy opinions as precedents in non-bankruptcy opinions. One such precedent example is E.M.D. Sales, Inc. v. Carrera, 144 S. Ct. 483 (2025), which holds: “Fair Labor Standards Act of 1938 requires... Continue Reading →

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Appointing A Creditors Committee In A Subchapter V Case? (In re Cinemex)

A Committee? (photo by Marilyn Swanson) By: Donald L Swanson Should an official creditors committee be appointed in a Subchapter V case?  That’s the question in In re Cinemex Holdings USA, Inc., Case No. 25-17559, Southern Florida Bankruptcy Court (decided August 28, 2025; Doc. 191). The In re Cinemex Court denies a motion to appoint a... Continue Reading →

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Pleading “Reasonable Due Diligence” In A Preference Complaint (In re Christmas Tree Shops)

Due diligence (photo by Marilyn Swanson) By: Donald L Swanson Under § 547(b) of the Bankruptcy Code (emphasis added): “the trustee may, based on reasonable due diligence in the circumstances of the case and taking into account a party’s known or reasonably knowable affirmative defenses under subsection (c), avoid [a preferential transfer.”  Question: What amount of... Continue Reading →

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Amending A Complaint After Statute Of Limitations Expires? (In re Art Institute)

Relating back? (Photo by Marilyn Swanson) By: Donald L Swanson Can a complaint be amended after the statute of limitations expires?  And what are the governing legal standards? These questions are addressed in Miller v. Nelson (In re Art Institute of Philadelphia, LLC), Adv. P. No. 20-50627, Delaware Bankruptcy Court (decided August 25, 2025). What follows... Continue Reading →

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Collateral Estoppel For Nondischargeability Claims Based On Falsities Or Fraud (In re Timperman)

Estopped from falling? (Photo by Marilyn Swanson) By: Donald L Swanson The opinion is Timperman v. Kress (In re Timperman), Adv. Pro. No. 24-01279 in the Southern Florida Bankruptcy Court (decided May 23, 2025). Background Creditor obtains a $70,196 judgment in state court against Debtor for violation of the Florida Deceptive and Unfair Trade Practices Act... Continue Reading →

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