September 12, 2024
Abandonment Usually Ends Section 1334(e)(1) Bankruptcy Jurisdiction, Circuit Says
For abandoned property, there is more likely to be bankruptcy jurisdiction under Section 1334(b) than Section 1334(e)(1), Fifth Circuit Judge King says.
5th CircuitSeptember 11, 2024
‘Preserved’ Liens Can Sometimes Be Worthless, Ninth Circuit Says
When a lien is undersecured, the avoided portion of the lien takes nothing through preservation until the unavoidable portion of the lien is paid in full.
9th CircuitSeptember 10, 2024
Chapter 11 Plan May Impair a Mortgage When the Debtor Is Not Liable on the Debt
A chapter 11 plan may not impair the rights of a mortgage lender against a co-owner who is not in bankruptcy.
1st Circuit, MassachusettsSeptember 09, 2024
Ninth Circuit BAP Jealously Protects a ‘13’ Debtor’s Right to Dismiss
Debtors paid a high price for their counsel’s inattention to their needs after plan confirmation.
9th CircuitSeptember 06, 2024
Eighth Circuit Holds that § 303(i) Damages Are Available for § 305(a) Dismissal
Eighth Circuit panel disagrees about whether federal preemption bars state law claims for dismissal of an involuntary petition.
8th CircuitSeptember 05, 2024
Second Circuit Allows Sale of ‘General’ Claims Subject to a Creditor’s Disputed Lien
Second Circuit leaves open the question of whether a trustee can sell a ‘general’ or ‘derivative’ claim that’s subject to a valid lien held by a creditor.
2nd CircuitSeptember 04, 2024
Upstate New York Bankruptcy Judge Nixes an ‘Opt-Out’ Plan with Nondebtor Releases
After Purdue, bankruptcy judges are now split on whether mass-tort plans are permissible if creditors must opt out.
2nd Circuit, New York, New York Western DistrictSeptember 03, 2024
Ninth Circuit Upholds the ‘Ponzi Scheme’ Presumption over a Dissent
A Ninth Circuit dissenter would require the trier of fact to make a finding that the fraudster acted with actual intent to defraud.
9th CircuitAugust 30, 2024
Circuits Are Split on the Extent to Which Bankruptcy Law Preempts State Law
The Ninth Circuit held that a debtor’s claim for malicious prosecution must be brought in bankruptcy court and may not be filed in state court.
9th CircuitAugust 29, 2024
Being Forced into Bankruptcy Can Be Irreparable Harm, Third Circuit Says
A noncompetition agreement that would preclude finding other sources of revenue can be the basis for showing irreparable harm and entitlement to a preliminary injunction.
3rd Circuit