May 20, 2019
Did Segal Survive Butner in Defining Property of the Estate?
Judge Perkins in Illinois says the ‘sufficiently rooted’ test from Segal v. Rochelle did not survive Butner and the adoption of the Bankruptcy Code.
7th Circuit, Illinois, Illinois Central DistrictMay 20, 2019
Licensee May Continue Using a Trademark after Rejection, Supreme Court Rules
Supreme Court gets around to overruling Lubrizol almost 35 years later.
Supreme CourtMay 17, 2019
Discretionary Bonuses Are Not Per Se Fraudulent Transfers
Discretionary bonuses by an insolvent employer are not automatically fraudulent transfers, Judge Silverstein says.
3rd Circuit, DelawareMay 16, 2019
Direct Mortgage Payments Are ‘Under the Plan,’ Ninth Circuit BAP Says
BAP joins the majority of courts by saying that defaulting on direct mortgage payments precludes a chapter 13 debtor from receiving a discharge.
9th CircuitMay 15, 2019
Fifth Circuit Facilitates ‘No Money Down’ Chapter 13s
Bankruptcy courts must cooperate before debtors’ counsel are assured of being reimbursed for advancing costs and expenses before filing.
5th CircuitMay 14, 2019
Circuits Split on Bankruptcy Jurisdiction for Social Security, Medicare Suits
Fifth Circuit rejects the ‘recodification canon’ to divest bankruptcy courts of jurisdiction over Social Security suits.
5th CircuitMay 13, 2019
Malicious Theft of Trade Secrets Doesn’t Result in Nondischargeability, Circuit Says
Egregious behavior doesn’t always result in nondischargeability for willful and malicious injury.
4th CircuitMay 10, 2019
Disclosing an Asset in the Wrong Place Won’t Invoke Judicial Estoppel, Circuit Says
Second Circuit won’t give a defendant a windfall if the debtor scheduled the lawsuit in the wrong place but told the trustee and the court.
2nd CircuitMay 10, 2019
Fifth Circuit Upholds Sanctions Against ‘Nationwide’ Law Firm
Appeals court lauds Bankruptcy Judge Jeffrey Norman’s ‘well-reasoned’ opinion.
5th CircuitMay 09, 2019
Creditors of LPs or LLCs Can’t Sue for Breach of Fiduciary Duty
Creditors lack standing in Delaware and other states for derivative liability suits against officers and managers of LPs and LLCs.
3rd Circuit, Delaware