November 08, 2017
Fraudulent Transfer Claims Aren’t Capped by Creditors’ Losses
Delaware’s Judge Gross pens another controversial opinion in PAH Litigation Trust.
3rd Circuit, DelawareNovember 07, 2017
Supreme Court Primed to Hold Safe Harbor Inapplicable if Bank Is a ‘Mere Conduit’
Justices search for a ruling that limits Section 546(e) but isn’t too broad.
Supreme CourtNovember 06, 2017
Debtor Can’t Reaffirm an Auto Loan by Waiving Discharge of the Debt
Chief Judge Gorman requires strict adherence to Section 524(c) in reaffirming a debt.
7th Circuit, Illinois, Illinois Central DistrictNovember 03, 2017
Creative Theory Fails to Give an Automatic Appeal from a Non-Core Interlocutory Order
Interlocutory orders by bankruptcy courts on non-core claims don’t give rise to immediate de novo review as proposed findings and conclusions.
1st Circuit, MaineNovember 02, 2017
Interlocutory Orders Compelling Arbitration May Be Appealed with Permission
Shallow constitutional foundation of the bankruptcy court justifies allowing interlocutory appeals, district judge says.
2nd Circuit, New York, New York Southern DistrictNovember 01, 2017
Justices Hear Argument in Lakeridge on Appellate Standards for Nonstatutory Insiders
Supreme Court to decide if inferences from undisputed facts are reviewed de novo or for clear error.
Supreme CourtOctober 31, 2017
Fifth Circuit Insulates Ds&Os for Authorizing Prebankruptcy Dividends and Bonuses
To avoid dismissal, a complaint must allege each officer’s acts that breached fiduciary duty.
5th CircuitOctober 30, 2017
Notre Dame Football Tickets Are Not Exempt Property, South Bend Judge Holds
Notre Dame football tickets are not necessary for a fresh start.
7th Circuit, Indiana, Indiana Northern DistrictOctober 27, 2017
Plan’s Interest Rate Held to Govern Tax Claims, Not the Rate in the IRS Code
‘Strained’ argument by the IRS about recoupment didn’t overcome terms of a confirmed plan.
3rd Circuit, DelawareOctober 26, 2017
Third Circuit Explains When Sale Orders Are Not Automatically Moot
Section 363(m) allows an appeal if the remedy won’t upset the sale itself, Third Circuit says.
3rd Circuit