January 28, 2019
Chicago Case May Resolve the Circuit Split on the New Value Defense
Bankruptcy judge reluctantly follows precedent where the Seventh Circuit is in the minority on the new value defense.
7th Circuit, Illinois, Illinois Northern DistrictJanuary 25, 2019
Newly Filed Certiorari Petitions Raise Circuit Splits on ‘Finality’ and the Automatic Stay
The Supreme Court is invited to resolve a circuit split and decide whether inaction can violate the automatic stay.
Supreme CourtJanuary 24, 2019
The Emily Litella Principle Governs the Withdrawal of Proofs of Claim
Withdrawing a proof of claim will not divest the bankruptcy court of jurisdiction to try an avoidance action without a jury, Judge Bernstein says.
2nd Circuit, New York, New York Southern DistrictJanuary 23, 2019
Disallowing Part of a Claim Doesn’t Make the Claim Impaired, Fifth Circuit Says
Newly appointed circuit judge uses ancient English law to illuminate the Bankruptcy Code.
5th CircuitJanuary 22, 2019
Fifth Circuit Expounds on Constitutional Standing for a Creditor to Appeal
O.W. Bunker makes law again, this time on standing to appeal, not on maritime liens.
5th CircuitJanuary 18, 2019
Sixth Circuit Opinion Shows the Importance of the Upcoming Obduskey Decision
If the Supreme Court decides that the FDCPA applies to nonjudicial foreclosure, a letter from a homeowner disputing the debt will automatically halt foreclosure activities.
6th CircuitJanuary 17, 2019
Setoff Doesn’t Apply to Mutual Debts and Credits in Agricultural Commodities
Second Circuit interprets PACA to preclude setting off debts and credits from the sale of perishable agricultural commodities.
2nd CircuitJanuary 16, 2019
Texas Law Has Fraudulent Transfer Liability When the Bankruptcy Code Doesn’t
Fifth Circuit rules that the Texas UFTA doesn’t have a ‘futility defense’ when a transferee is on inquiry notice regarding receipt of a fraudulent transfer.
5th CircuitJanuary 15, 2019
Supreme Court Tackles Nonjudicial Foreclosure and the FDCPA; Homeowners Might Win
If the FDCPA applies to judicial foreclosure, should it also apply to nonjudicial foreclosure? The Supreme Court will decide.
Supreme CourtJanuary 14, 2019
Supreme Court Decision on Arbitration Has Ominous Implications for Bankruptcy
Bankruptcy needs blanket judicial immunity from the Federal Arbitration Act after the Supreme Court’s Schein decision.
Supreme Court