Rochellel's Daily Wire

October 05, 2016

Sixth Circuit Split Decision Upholds Equitable Mootness in Chapter 9

Dissenter implores appeals court to sit en banc and reject equitable mootness.

6th Circuit

October 04, 2016

Supreme Court Flirts with Tackling Another Chapter 11 Issue

If an insider sells a claim, does the purchaser automatically acquire insider status?

Supreme Court

October 04, 2016

Pro Se Debtors Entitled to Different Notice Before Sua Sponte Dismissal

Pro se debtors must be told explicitly of the right to request a hearing.

4th Circuit, Virginia, Virginia Western District

October 03, 2016

Attempt at Reviving Frenville Fails in Delaware

Widespread notice obviated need for allowing a class proof of claim.

3rd Circuit, Delaware

September 30, 2016

Two-Year Delay in Confirmation Requires Holding Another Valuation Hearing

Passage of time converts a final order into an interlocutory order.

11th Circuit, Florida, Florida Southern District

September 29, 2016

Religious Court Had No Pecuniary Interest and Thus Lacked Standing to Appeal

Rabbinical court was barred from attaching an injunction under the First Amendment.

2nd Circuit, New York, New York Southern District

September 28, 2016

Trustee Not Obligated to Obtain Best Price at Auction, Delaware Judge Says

Immunity, fiduciary duty and damages discussed in the context of a low sale price.

3rd Circuit, U.S. Virgin Islands

September 27, 2016

Successor to Bankrupt Company Saddled with Pre-Bankruptcy Environmental Claims

Discharge was no bar to claims not recognized until after bankruptcy.

2nd Circuit, New York, New York Eastern District

September 26, 2016

Validity of Inherited Homestead Exemption Decided by Allusion to Baseball

A house that wasn’t a homestead on the filing date held eligible for the exemption.

11th Circuit, Florida, Florida Middle District

September 23, 2016

New York Judge Rejects Ninth Circuit’s Ybarra Doctrine that Revives Discharged Claims

Ninth Circuit decision based on policy, not statutory language, is wrong, S.D.N.Y. judge says.

2nd Circuit, New York, New York Southern District