March 15, 2016
Judges Sontchi and Drain Agree on Treatment Among Undersecured Creditors
No need for venue-shopping between Delaware and New York for undersecured creditors.
3rd Circuit, DelawareMarch 15, 2016
Lawyers Beware: Fees Can’t Be Paid from PACA Trust Funds
Fifth Circuit agrees with Second Circuit on sanctity of PACA trust funds.
5th CircuitMarch 14, 2016
Varying Standards on Informal Claims Beg for Resolution in the Supreme Court
Same facts on informal proofs of claim yield different results in different circuits.
8th Circuit, MinnesotaMarch 14, 2016
Texas Judges Disagree About Exemption for Sale Proceeds from a Homestead
Judge finds a loophole in a Fifth Circuit opinion on the homestead exemption.
5th Circuit, Texas, Texas Southern DistrictMarch 11, 2016
Fifth Circuit Finds an Exception to General Rule on Appellate Standing
Debtors facing discharge denial have standing to appeal claim allowances.
5th CircuitMarch 10, 2016
Ruling on Texas Law, New York Judge Upsets Oil and Gas Pipelines
Protections for oil and gas pipelines undermined in Sabine Oil reorganization.
2nd Circuit, New York, New York Southern DistrictMarch 10, 2016
District Court Drubs Mine Workers by Allowing Sale of Coal Assets
Union needs a quickie appeal to the Eleventh Circuit to stop Walter Energy sale.
11th Circuit, Alabama, Alabama Northern DistrictMarch 09, 2016
Exemptions Are Not a Moving Target the Trustee Can Shoot Down at Any Time
Judge Isgur interprets Schwab v. Reilly to benefit debtors and disadvantage trustees.
5th Circuit, Texas, Texas Southern DistrictMarch 08, 2016
Seventh Circuit Opines on Bullard and the Concept of ‘Finality’
Did Bullard alter the notion of ‘finality’? Not in the Seventh Circuit.
7th CircuitMarch 08, 2016
Removing an Employee Benefit Plan Trustee Is Proper in District Court
Courts continue disregarding Section 704(a)(11) as grounds for jurisdiction.
1st Circuit, Puerto Rico