Rochellel's Daily Wire

January 05, 2016

Coal Producer Walter Energy Authorized to Terminate Union Contracts and Benefits

Donald Trump represents hope for coal miners, but not for reasons you might think, judge says.

11th Circuit, Alabama, Alabama Northern District

January 05, 2016

Discrimination in Favor of Student Loans Makes Plan Fatally Defective

Bad policy choice in chapter 13 is an issue for Congress, not the courts, judge says.

10th Circuit, Kansas

December 22, 2015

Subordination Clause Held Ineligible for Arbitration

Creditors bat 500 this fall when trying to compel arbitration in the Southern District of New
York.

2nd Circuit, New York, New York Southern District

December 16, 2015

Public Assistance Received Before Filing Loses Its Exemption

Practice Point: File in Missouri before receiving an exempt public assistance benefit.

December 16, 2015

Vacation in New Orleans Is Grounds for Removing a Trustee for Cause

Fifth Circuit punts on case setting the standard for removal of a trustee for “cause.”

5th Circuit

December 16, 2015

Third Circuit Enhances Appellants’ Rights for Stays Pending Appeal

Delaware became less hospitable for debtors following the Third Circuit’s opinion on stays pending appeal.

December 16, 2015

Fifth Circuit Panel Disagrees About Detailed Findings on Claim Objections

A claim objection can’t be swept under the rug by approving a settlement

December 16, 2015

Threatening Criminal Prosecution Not Within Exception to the Automatic Stay

A landlord playing hardball gets hit in the head with his own pitch.

December 16, 2015

Trust Beneficiary Lacks Standing in a Dispute Between Debtor and Trust

Ninth Circuit adopts Second Circuit standard limiting derivative standing

December 16, 2015

Fired Executive’s Severance Upheld from Fraudulent Transfer Attack

The Tenth Circuit takes pity on an executive who got severance after being fired unexpectedly.