December 09, 2016
Judge Reverses Course and Allows Reclassification of Deficiency Claim
Chapter 13 debtor permitted to surrender collateral and reclassify deficiency as unsecured.
11th Circuit, Alabama, Alabama Northern DistrictDecember 08, 2016
‘Close Nexus’ Test Not Always Applicable for Post-Confirmation Jurisdiction
Rule 2004 may be used after confirmation, even if the plan does not reserve jurisdiction.
3rd Circuit, DelawareDecember 07, 2016
New Mexico Judge Avoids the Jevic Controversy by Requiring Payment on Priority Claims
‘General unsecured creditor’ is an ambiguous term not defined in the Bankruptcy Code or Rules.
10th Circuit, New MexicoDecember 07, 2016
Supreme Court Seems Primed to Reverse Jevic, Precluding Structured Settlements
Justices search for rationale for departing from Section 507 priorities in settlements.
Supreme CourtDecember 06, 2016
New York Bankruptcy Judge Bars Use of ‘Safe Harbor’ When Bank Is Only a Conduit
Buffalo judge braves Second Circuit authority to disregard ‘safe harbor’ in stock buyback.
2nd Circuit, New York, New York Western DistrictDecember 05, 2016
Serving a Complaint on a Bank by Ordinary Mail Is a Nullity
Without service by certified mail, a bank is not compelled to respond to a complaint.
2nd Circuit, New York, New York Eastern DistrictDecember 02, 2016
BAP Strictly Requires Signing a Pleading for a Rule 9011 Sanction
Advice without signing a pleading does not give rise to a Rule 9011 sanction, but Section 1927 is another story.
6th CircuitDecember 01, 2016
Cutting Off Medicare Funding Is Exempt from the Automatic Stay, First Circuit Says
First Circuit declines to take sides in circuit split over jurisdiction in Medicare disputes.
1st CircuitNovember 30, 2016
Ninth Circuit Extends Barton to Protect Creditors’ Committee Members
Ninth Circuit lays down rules governing derivative judicial immunity for official committee members.
9th CircuitNovember 29, 2016
Section 106 Waivers of Sovereign Immunity May Be Unconstitutional Sometimes
Patriot Coal decision analyzes Supreme Court authorities on sovereign immunity.
4th Circuit, Virginia, Virginia Eastern District