December 16, 2015
“Unqualified” Interest in Escrow Is Not Estate Property
Tenth Circuit issues narrow ruling on property interest in escrow account.
December 16, 2015
Personal Guaranty Unimpaired by Company’s Chapter 11 Plan
Tenth Circuit bars crafty evasion of a personal guaranty.
10th CircuitDecember 16, 2015
Value Can Be Indirect to Defeat Fraudulent Transfer Claim, Circuit Holds
Eleventh Circuit protects an innocent supplier from a “gotcha” fraudulent transfer suit.
December 15, 2015
Ninth Circuit Overrules Sternberg to Allow Fees for Stay Violation Damage Suits
The Ninth Circuit quickly rectifies its own mistake by allowing creditors to recover counsel fees in suits to recover damages for automatic stay violations.
December 15, 2015
Third Circuit Widens Split on Bad-Faith Dismissal of Involuntary Petition
Third Circuit ditches an otherwise proper involuntary petition for creditors’ bad faith.
December 15, 2015
Sixth Circuit Splits with Third on Substantial Contribution in Chapter 7
Creditors, rejoice! Substantial contribution is rewarded, at least in the Sixth Circuit.
6th CircuitDecember 15, 2015
Filing a Stale Claim Is Permitted Despite Crawford
District judge ignores the circuit’s policy argument to allow claims on time-barred debts.
December 15, 2015
Suit in Violation of the Stay Must Be Dismissed
Sixth Circuit is stricter than the Fifth when a suit violates the stay.
6th CircuitDecember 15, 2015
Third Circuit Gift Plans Are Ok Because No Estate Property Is Involved
Priority creditors beware: The Third Circuit approves both structured dismissals and gift plans.
December 15, 2015
Ninth Circuit Won’t Protect Purchasers with Equitable Mootness
The Ninth Circuit provides another reason to avoid reorganizing on the west coast.
9th Circuit