June 17, 2019
An Order Directing Specific Performance Means the Contract Is Not Executory
Idaho’s Judge Myers rules that an order directing specific performance is not a transfer and cannot be a preference.
9th Circuit, MontanaJune 14, 2019
Religious Contributions Not Considered in Dischargeability of Student Loans
First Amendment doesn’t compel deduction of religious contributions in finding an ‘undue hardship’ justifying the discharge of student loans.
2nd Circuit, New York, New York Southern DistrictJune 13, 2019
A Nonparty’s Bankruptcy Isn’t Providing Ground for Removal to Federal Court
The right of indemnification by a bankrupt isn’t establishing ‘related to’ jurisdiction in federal court.
3rd Circuit, Pennsylvania, Pennsylvania Eastern DistrictJune 12, 2019
San Francisco Judge Slaps Down FERC on Rejection of Power Purchase Agreements
Judge Montali accuses FERC of a power grab to take the bankruptcy court’s right to rule on the rejection of executory contracts.
9th Circuit, California, California Northern DistrictJune 11, 2019
Contractor’s Inchoate Lien Defense Defeats a Preference, Most Courts Hold
Fairness and economic realities persuade Judge Jernigan to insulate a contractor from a preference claim.
5th Circuit, Texas, Texas Northern DistrictJune 10, 2019
Bankruptcy Judge Says Espinosa Overrules Eleventh Circuit Precedent
A chapter 13 plan that improperly modifies a home mortgage remains binding unless the lender has objected to confirmation.
11th Circuit, Florida, Florida Southern DistrictJune 07, 2019
Earmarking Seems to Be a Dead Letter in the Tenth Circuit
BAP says the Tenth Circuit adopts legal fictions to create preferences.
10th CircuitJune 06, 2019
Electric Utility’s Customers Denied Official Committee Status in Chapter 11
Are utility customers entitled to an official committee because they will fund the reorganization plan? Judge Montali says ‘no.’
9th Circuit, California, California Northern DistrictJune 05, 2019
Delay in Appointment of a Foreign Representative Isn’t Fatal to Chapter 15 Recognition
Allegedly repudiating U.S. dollar obligations won’t preclude a finding of property in the U.S., Judge Lane rules.
2nd Circuit, New York, New York Southern DistrictJune 04, 2019
Fifth Circuit Muses on the Split over Pleading Standards for Fraudulent Schemes
Fifth Circuit generally holds that heightened pleading standards in Rule 9(b) do not apply to claims that don’t rely on fraudulent activity, even though the overall scheme may be fraudulent.
5th Circuit