Rochellel's Daily Wire

May 17, 2016

Supreme Court: Misrepresentation Not Required for ‘Actual Fraud’ Nondischargeability

Supreme Court reverses Fifth Circuit on ‘actual fraud’ dischargeability case.

Supreme Court

May 17, 2016

Supreme Court Temporarily Ducks Case on Individuals’ Right to Sue

Showing violation of a federal statute might not itself entitle a consumer to sue.

Supreme Court

May 16, 2016

No Superpriority Claim for Fully Secured Lender’s Post-Petition Interest

Superpriority claim only ensures recovery of filing day interest and principal.

4th Circuit, North Carolina, North Carolina Eastern District

May 16, 2016

Plan’s Treatment of Secured Claim Trumps Failure to Redeem on Time

Courts split on whether failure to redeem on time is fatal in reorganization.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

May 13, 2016

Courts Split on Requiring Reaffirmation for Valid Lease Assumption in Chapter 7

Detroit judge makes auto lease assumption valid without parallel reaffirmation.

6th Circuit, Michigan, Michigan Eastern District

May 12, 2016

Third Circuit Insulates the IRS from Preference Claims for Trust Fund Taxes

Aggregation was not permitted to surmount the $6,225 minimum for preferences.

3rd Circuit

May 11, 2016

Arbitration Properly Denied in Trustee’s Fraudulent Transfer Suit, Circuit Says

Denial of arbitration is not a ‘final order’ requiring district court action.

9th Circuit

May 10, 2016

Third Circuit Tries to Synthesize Illinois Law on Veil Piercing and Unjust Enrichment

Third Circuit relies on a Seventh Circuit opinion to understand Illinois law.

3rd Circuit

May 09, 2016

District Judge in Dallas Splits with Eleventh Circuit on Judicial Estoppel

Conversion to chapter 7 bars judicial estoppel on claim arising after filing.

5th Circuit, Texas, Texas Northern District

May 06, 2016

Tender Offers in Bankruptcy Pass Muster in the Third Circuit

Third Circuit holds again that equal treatment is not required in settlements.

3rd Circuit