July 14, 2020
Tenth Circuit Protects Subsequent Recipients of Fraudulent Transfer with a New Defense
In a fraudulent transfer of a contract claim, a subsequent recipient of cash proceeds from the claim has no liability under Section 550(a)(2), according to the Tenth Circuit.
10th CircuitJuly 13, 2020
Three Judges Permit Redesignation under the SBRA, But with Qualifications
The SBRA can be used to extinguish a creditors’ committee previously appointed in a ‘traditional’ chapter 11 case.
4th Circuit, MarylandJuly 10, 2020
Eighth Circuit Won’t Impose Unwritten Requirements on Service of a Claim Objection
In the Bankruptcy Rules, a claim objection isn’t treated like a motion for all purposes, the Eighth Circuit says.
8th CircuitJuly 09, 2020
Seventh Circuit Requires Court Findings for a Plan Provision the Code Allows
The Seventh Circuit opinion raises the question of whether (or when) a court may restrict the use of a provision in a chapter 13 plan that Section 1322(b) permits.
7th CircuitJuly 08, 2020
Disclosing a Lawsuit Only in the SOFA Won’t Result in Abandonment, BAP Says
Disclosing a lawsuit in the SOFA and discussing the suit with the trustee is no substitute for listing the suit among a debtor’s assets, the Ninth Circuit BAP says.
9th CircuitJuly 07, 2020
Subchapter V Isn’t Always an Antidote for a Failing Chapter 11 Reorganization
Misconduct in the prior chapter 11 case barred debtors from proceeding as a small business reorganization under subchapter V of chapter 11.
10th Circuit, Oklahoma, Oklahoma Western DistrictJuly 06, 2020
The Date of Service of a Writ of Garnishment Is the Date of Transfer of a Preference
Circuits are split on the date of transfer resulting from a garnishment.
2nd Circuit, ConnecticutJuly 02, 2020
The Automatic Termination of the Automatic Stay: Not Ready for Prime Time
The Supreme Court declined to decide whether the automatic stay terminates automatically after a repeat filing as to all property or only property of the debtor.
Supreme CourtJuly 01, 2020
The Ninth Circuit and the BAP Draw Opposite Conclusions from the Same Testimony
For the circuit court, scant evidence is enough to uphold the trial court’s findings of fact.
9th CircuitJune 30, 2020
Saving a Failing Company Doesn’t Entail ‘Defalcation’ Regarding Union Obligations
A properly drafted union contract still failed to leave a company officer with a nondischargeable debt for failing to make employer contributions to a union welfare fund.
2nd Circuit, New York, New York Eastern District