May 12, 2022
An Initial ‘Recipient’ of a Fraudulent Transfer Isn’t Always Liable Under § 550(a)(1)
The Second Circuit says that an initial ‘recipient’ isn’t automatically an initial ‘transferee’ liable for an avoidable transfer under Section 550(a)(1).
2nd CircuitMay 11, 2022
Circuits Possibly Split on Bankruptcy as Discharging Coal Act Liability for Health Benefits
Over a dissent, the Eleventh Circuit held that a 1995 chapter 11 plan discharged the liability of ‘related persons’ to pay health care benefits when a coal producer defaulted on the obligation in 2016.
11th CircuitMay 10, 2022
Circuits More Deeply Split on Waiver of Sovereign Immunity for Native American Tribes
Over a vigorous dissent, the First Circuit Joins the Ninth Circuit by holding that Section 106(a) waives tribes’ sovereign immunity.
1st CircuitMay 09, 2022
Harmful Logic or Legal Conclusions Standing Alone Don’t Confer Standing to Appeal
To establish constitutional standing to appeal, an appellant must seek to overturn the order below, the Sixth Circuit BAP says.
6th CircuitMay 06, 2022
It’s Not Easy to Set Aside Releases for Fraud, Judge Whitman Holt Says
To settle with a trustee, a creditor is not required to volunteer damaging information.
9th Circuit, MontanaMay 05, 2022
First Circuit Upholds Confirmation of Puerto Rico’s Debt Adjustment Plan
Federal preemption allowed rejection of the defined benefit pension plan for Puerto Rico’s teachers.
1st CircuitMay 04, 2022
Cert Granted to Decide: Is a Principal’s Liability for an Agent’s Fraud Nondischargeable?
The circuits are split on whether an innocent debtor’s liability is automatically nondischargeable when an agent or partner committed fraud.
Supreme CourtMay 03, 2022
A Business Not Designed to Turn a Profit Is Eligible for Subchapter V, BAP Says
The Ninth Circuit BAP holds that litigating with the largest creditor and maintaining the corporation in good standing is sufficient to show that the debtor ‘is engaged’ in business on the filing date.
9th CircuitMay 02, 2022
Liens on Impounded Cars Are Judicial Liens that May Be Avoided, Seventh Circuit Says
The City of Chicago argued unsuccessfully that liens on cars are statutory because they arise automatically when the car is impounded.
7th CircuitApril 30, 2022
Bankruptcy Courts Have ‘Core’ Power to Order Fee Disgorgement, Third Circuit Says
Being seen at bar events in the company of those who appear in court doesn’t show judicial bias.
3rd Circuit