Rochellel's Daily Wire

November 29, 2016

D’Oench Duhme Gives FDIC Broad Protection from Fraudulent Transfer Suits

Bank need not be a party to a secret agreement for D’Oench Duhme defense to apply.

7th Circuit, Illinois, Illinois Northern District

November 28, 2016

Insurance Companies Have Fewer Protections than Landlords and Aircraft Lessors

Absent special-interest legislation for bankruptcies, insurance companies remain in limbo.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

November 25, 2016

First Circuit BAP Rejects Lubrizol on Rejection of Trademark Licenses

Boston BAP sides with Seventh Circuit, holding that trademark licenses survive rejection.

1st Circuit

November 23, 2016

Mishandling Collateral Gives Rise to Nondischargeable Debt, Eleventh Circuit Holds

Mishandling collateral is nondischargeable even if the security interest is unperfected.

11th Circuit

November 22, 2016

New York Stands Alone by Not Requiring Delivery to Transfer a Note and Mortgage

District judge makes an ‘Erie’ guess on an undecided issue of New York law.

2nd Circuit, New York, New York Western District

November 22, 2016

Student Loans to Advance a Career Are Classified as Non-Consumer

Difficult to discharge, student loans are more easily classified as non-consumer for the presumptive abuse test.

10th Circuit, Colorado

November 21, 2016

Skeptical Delaware Judge Refuses to Confirm Reorg Plan

Cash outlays to junior creditors at confirmation sink chapter 11 plan.

3rd Circuit, Delaware

November 21, 2016

Bankruptcy Powers Do Not Override Congressionally Mandated Internet Confidentiality

Third party’s emails are immune from discovery in bankruptcy, Judge Sontchi rules.

3rd Circuit, Delaware

November 18, 2016

Third Circuit Splits with New York by Allowing Make-Whole Premiums in Chapter 11

Third Circuit says that New York bankruptcy court’s MPM decision was wrong.

3rd Circuit

November 18, 2016

Puerto Rico Beats Back Another Attack by Holders of Defaulted Bonds

Judge in Puerto Rico is forcing holders of defaulted bonds to negotiate, not litigate.

1st Circuit, Puerto Rico