May 04, 2018
Puerto Rico’s District Courts Differ on the Automatic Stay Under PROMESA
Caselaw is evolving on the applicability of the automatic stay to ordinary litigation against Puerto Rico and its governmental officials.
1st Circuit, Puerto RicoMay 03, 2018
Discharge Revoked for Failure to Obey an Order Pending Appeal
To avoid having a discharge revoked, a debtor must either comply with the order or obtain a stay pending appeal.
9th Circuit, IdahoMay 02, 2018
No “Related To” Jurisdiction for a Chapter 7 Debtor’s Postpetition Malpractice Claims
A chapter 7 debtor’s postpetition legal malpractice claims are not estate property, BAP says.
9th CircuitMay 01, 2018
Contract Wages for Executives Are Not Presumptively Allowable Postpetition, BAP Says
An executive with a rejected contract must prove value to have an allowable administrative claim, 9th Circuit BAP says.
9th CircuitApril 30, 2018
Non-Bankrupt Nonprofit Entities Are Not Subject to Substantive Consolidation
Eighth Circuit insulates parishes and church schools from substantive consolidation.
8th CircuitApril 27, 2018
Bankruptcy Court Has Constitutional Power to Sanction, Eighth Circuit Rules
Bankruptcy courts have constitutional power to sanction for actions occurring during administration of a bankruptcy case.
8th CircuitApril 26, 2018
Claims Located in the U.S. Make a Foreign Debtor Eligible for Chapter 15
The Second Circuit’s Barnet opinion on Section 109(a)’s requirement of property in the U.S. is satisfied by claims located in the U.S.
2nd Circuit, New York, New York Southern DistrictApril 25, 2018
Violation of Discharge Is Now Difficult to Prove in the Ninth Circuit
An unreasonable but good faith, subjective belief that there is no injunction bars a finding of contempt in the Ninth Circuit.
9th CircuitApril 24, 2018
Tax Sales Can Be Avoided as Preferences, New Jersey District Judge Rules
Not a true public sale, a tax foreclosure in New Jersey can be attacked as a preference without implicating concerns about federalism.
3rd Circuit, New JerseyApril 23, 2018
Still No Universal Test for Bifurcating an Auto Loan in Chapter 13
Courts are groping to define ‘personal use’ because Congress didn’t.
6th Circuit, Tennessee, Tennessee Eastern District