October 04, 2022
New York Judge Splits with Colleagues on Redaction of Crypto Customers’ Names
Judge Glenn allowed the redaction of individual crypto customers’ home and email addresses, but requires the disclosure of their names and the amount of their claims. No redactions for business customers.
2nd Circuit, New York, New York Southern DistrictOctober 03, 2022
To Be Nondischargeable, Debtor Must Have Violated Securities Laws, Another Judge Says
Texas judge rules in favor of the debtor on an issue similar to the question coming before the Supreme Court in Bartenwerfer.
5th Circuit, Texas, Texas Eastern DistrictSeptember 30, 2022
Although It Paid Creditors in Full, Eleventh Circuit Subordinates an Unauthorized Loan
Eleventh Circuit gives the bankruptcy judge wide discretion in subordinating debts and denying retroactive approval of loans.
11th CircuitSeptember 29, 2022
Debtor Retains Appreciation in Nonexempt Property Sold During Chapter 13
Judge Rosania answered a question left open by the Tenth Circuit in Barrera.
10th Circuit, ColoradoSeptember 28, 2022
A Cured Breach Still Invokes Section 365(b)(1)’s Landlord Protections, Circuit Says
Adequate assurance of future performance may not be required if the debtor has already cured the breach of lease, the Ninth Circuit says.
9th CircuitSeptember 27, 2022
Judge McAffee Agrees with Former Judge Sontchi on Authorized Corporate Actions
The automatic stay does not bar increasing authorized shares when the debtor is a minority shareholder.
4th Circuit, North Carolina, North Carolina Eastern DistrictSeptember 26, 2022
Stay Violation Upheld Despite ‘Ambiguity’ About the Debtor’s Interest in the Property
Is doubt about whether the debtor has an interest in property sufficient to invoke Taggart and bar the finding of a willful stay violation?
9th Circuit, Washington, Washington Western DistrictSeptember 23, 2022
Madoff Trustee Scores Another Major Victory in the Second Circuit
The appeals court rules that the Madoff trustee is entitled to summary judgment together with prejudgment interest at 4%.
2nd CircuitSeptember 22, 2022
The Pandemic Was No Reason for Raising an Investment Banker’s Cap on a Fixed Fee
The length and the effects of the pandemic were capable of being ‘anticipated’ and therefore provide no reason for modifying a fixed fee under Section 328(a).
2nd Circuit, New York, New York Southern DistrictSeptember 21, 2022
Transfer Occurs When Property Is Placed in Escrow or In Custodia Legis
When disbursement depends on subsequent court approval, the transfer still occurs beforehand when the deposit was made in custodia legis.
8th Circuit, Minnesota