April 24, 2019
Bankruptcy Notice to a Creditor Represented by Counsel in State Court Is Adequate
Conversely, giving notice to a creditor’s state-court counsel may not be adequate, New Jersey judge says.
3rd Circuit, New JerseyApril 23, 2019
Supreme Court Won’t Intervene in Fight Between Jay Alix and McKinsey
Supreme Court will not rule on whether upholding the integrity of the judicial system by itself confers appellate standing.
Supreme CourtApril 22, 2019
Standards for a Future Claimants’ Representative Are Those for a Guardian Ad Litem
Prior service as a future claimants’ representative was reason for a new appointment, not a disqualification, Judge Bonapfel says.
11th Circuit, Georgia, Georgia Northern DistrictApril 19, 2019
Is a Notice of Removal Filed in Bankruptcy Court Ok? Courts Are Split
Judge in Mississippi remands a suit to state court because the notice of removal was filed with the bankruptcy clerk, not the district court clerk.
5th Circuit, Mississippi, Mississippi Southern DistrictApril 18, 2019
Delaware’s Judge Walrath Writes a Primer on Consignments
Perfecting a consignment is easy, but failing to do so is disastrous.
3rd Circuit, DelawareApril 17, 2019
Lenders Admonished to Demand Nothing More in Plans than the Law Allows
Judge Hunt in Chicago tells debtors’ counsel to oppose inclusion of unjustifiable provisions in chapter 13 plans, even if it means contested confirmation hearings.
7th Circuit, Illinois, Illinois Northern DistrictApril 16, 2019
Bifurcated Fees for Destitute Chapter 7 Debtors Approved in Utah
Copious disclosure required for post-petition payment of fees to be permissible in chapter 7.
10th Circuit, UtahApril 15, 2019
Is the ‘Accrual Test’ for the Existence of a Claim Alive and Well after Grossman’s?
Are there two tests for the existence of a claim, one test for claims against the debtor and another test for claims by the debtor?
6th CircuitApril 13, 2019
Sovereign Immunity Doesn’t Insulate States from Lien Stripping
For three independent reasons, Judge Taddonio rules that states are not immune from stripping down or stripping off tax liens.
3rd Circuit, Pennsylvania, Pennsylvania Western DistrictApril 12, 2019
New York Judge Gives Reasons for Nixing Nonconsensual, Third-Party Releases
Bankruptcy Judge Wiles explains the jurisdictional, statutory and constitutional reasons why nonconsensual releases are improper in the Second Circuit except in exceptional circumstances.
2nd Circuit, New York, New York Southern District