March 15, 2019
Reading Stern Narrowly, Delaware Judge to Issue Final Order in Fraudulent Transfer Suit
Judge Sontchi declines to rule that 28 U.S.C. § 157 is unconstitutional by denominating fraudulent transfer suits as ‘core’ proceedings.
3rd Circuit, DelawareMarch 14, 2019
Adversary Proceeding to Enjoin FERC Remains in Bankruptcy Court
District judge won’t withdraw the reference when PG&E rejects power purchase agreements.
9th Circuit, California, California Northern DistrictMarch 13, 2019
Trustee Gloms Proceeds of an Unperfected Consignment, Not Just the Goods
Ninth Circuit interprets UCC § 9-319(a) to permit avoidance of consignor’s interest in proceeds of an unperfected consignment.
9th CircuitMarch 12, 2019
District Judge Finds No Loopholes in Ninth Circuit Aversion to Third-Party Releases
Free-and-clear sale won’t evade the Ninth Circuit’s rule against third-party, non-debtor releases.
9th Circuit, Washington, Washington Western DistrictMarch 11, 2019
A Pension Withdrawal Claim Arises Before Withdrawal Occurs, Manhattan Judge Says
Bankruptcy Judge Wiles politely says that the Sixth Circuit reached the correct result for the wrong reason.
2nd Circuit, New York, New York Southern DistrictMarch 08, 2019
Statute of Limitations Wasn’t Tolled During Bankruptcy, Sixth Circuit Rules
Sanctions weren’t justified for attempting to collect a time-barred tax claim.
6th CircuitMarch 07, 2019
Defectively Executed Mortgages Are [Still] Avoidable in Ohio
Sixth Circuit distinguishes between a trustee’s powers as a bona fide purchaser compared to a hypothetical judicial lienholder.
6th CircuitMarch 06, 2019
A Creditor Must Tell a Non-Bankruptcy Court to Stop Violating the Stay
A creditor must attempt to stop a state court from violating the stay, the Sixth Circuit BAP holds.
6th CircuitMarch 05, 2019
Seventh Circuit Rules that Section 363(m) Doesn’t Render Appeals Moot
Seventh Circuit overrules two precedents holding that Section 363(m) renders appeals moot.
7th CircuitMarch 05, 2019
Supreme Court Declines to Rule on Equitable Mootness
Sewer customers challenged the dismissal of their appeal from confirmation of the Jefferson County chapter 9 municipal debt restructuring.
Supreme Court