February 16, 2018
California District Judge Requires Property in the U.S. to File Chapter 15
A security retainer held by a foreign liquidator’s U.S. counsel satisfies the chapter 15 requirement of property in the U.S.
9th Circuit, California, California Northern DistrictFebruary 16, 2018
A Trademark License Rejection Case May End Up in the Supreme Court
A case on the ability of state law to take property out of the estate after filing may not go to the Supreme Court.
Supreme CourtFebruary 15, 2018
Failing to Purchase Health Insurance Won’t Result in a Priority Tax Claim
The exaction for failure to purchase health insurance under the ACA is a tax for constitutional purposes but not a tax under the Bankruptcy Code, New Orleans judge rules.
5th Circuit, Louisiana, Louisiana Eastern DistrictFebruary 14, 2018
Judge Revokes a ‘Nationwide’ Firm’s Right to Practice in Virginia Bankruptcy Court
Local lawyers were also caught up in the maelstrom caused by a ‘nationwide’ firm that skirted bankruptcy law and rules.
4th Circuit, Virginia, Virginia Western DistrictFebruary 13, 2018
CFPB Suit in District Court Immune from Transfer to Bankruptcy Court
Courts split on which change of venue statute applies to ‘related to’ suits in district court.
9th Circuit, MontanaFebruary 12, 2018
Second Circuit Says Tenuous Connections Establish “Related To” Bankruptcy Jurisdiction
‘Plausibility’ evidently does not apply when pleading ‘related to’ bankruptcy jurisdiction.
2nd CircuitFebruary 12, 2018
Rejecting a Contract Precludes a Suit for Post-Petition Breach
Opinion ostensibly leaves a debtor without recourse for a supplier’s post-petition breach occurring before rejection.
5th CircuitFebruary 09, 2018
Section 108(a) Time Extension Held Not Applicable to Chapter 13 Debtors
Courts split on whether Section 108(a) extension of statutes of limitations applies to chapter 13 debtors.
1st Circuit, New HampshireFebruary 08, 2018
Ninth Circuit Holds that One Accepting Class in Joint Plan Is Sufficient
A secured creditor making the 1111(b) election is not automatically entitled to a due-on-sale clause paying the claim in full if the property is sold after confirmation.
9th CircuitFebruary 08, 2018
Filing a Dischargeability Motion Rather Than a Complaint Is Not Fatal
Relation-back kicks in if an earlier motion contains the elements of a complaint.
11th Circuit