April 13, 2018
Barnhill Determines the Date of a Post-Petition Transfer, BAP Says
A post-petition transfer occurs when an ordinary check is honored, not when it is delivered.
9th CircuitApril 12, 2018
Tribune Creditors Seek Reconsideration on Implied Preemption by the ‘Safe Harbor’
Following a suggestion made by two Supreme Court justices, Tribune creditors ask the Second Circuit to recall the mandate and remand for reconsideration in district court.
Supreme CourtApril 11, 2018
Non-Consensual Third-Party Releases Pass Muster in Chapter 15
Principles of comity justify enforcing a U.K. scheme of arrangement that releases non-filed affiliates’ guarantees.
2nd Circuit, New York, New York Southern DistrictApril 10, 2018
Filing Date Controls Whether Residential Mortgages Can Be Modified
Courts are split on two issues regarding the antimodification provisions in Sections 1123(b)(5) and 1322(b)(2).
1st Circuit, MassachusettsApril 10, 2018
Failing to Purchase Health Insurance Won’t Result in a Priority Tax Claim
Another court rules that Sebelius isn’t controlling on the characterization of the individual mandate under the Bankruptcy Code.
4th Circuit, North Carolina, North Carolina Eastern DistrictApril 09, 2018
Debtor Successfully Claims an Exemption 19 Years after Discharge
Law v. Siegel allows exempting an asset that had not been scheduled.
2nd Circuit, New York, New York Western DistrictApril 06, 2018
Unclaimed Oil and Gas Royalties Cannot Become Estate Property, Texas Judge Says
Confirmation order cannot turn someone else’s property into estate property.
5th Circuit, Texas, Texas Southern DistrictApril 06, 2018
Chicago Wins One Round in Battle over Parking Tickets
The battle continues in Chicago over using chapter 13 to beat parking tickets.
7th Circuit, Illinois, Illinois Northern DistrictApril 05, 2018
Structured Finance Protects Tuition Payments from Fraudulent Transfer Suits
Children were the initial transferees of tuition payments, thus giving schools the ‘good faith’ defense to fraudulent transfers.
2nd Circuit, New York, New York Eastern DistrictApril 04, 2018
Delaware & New York Courts Still Agree on Treatment Among Undersecured Creditors
Post-petition interest accruals aren’t counted in figuring distributions among undersecured creditors with liens on the same collateral.
3rd Circuit, Delaware