October 29, 2020
Houston Judge Rejects Tenth Circuit Opinion Immunizing Subsequent Transferees
Proceeds from fraudulently transferred property can be recovered from subsequent transferees, Judge Rodriguez says, differing with the Tenth Circuit’s Generation Resources opinion.
5th Circuit, Texas, Texas Southern DistrictOctober 28, 2020
Fifth Circuit Allowed an Extension of the Discharge Deadline After the Deadline Had Passed
The equitable power under Section 105(a) permits extending the discharge objection deadline when the court makes a mistake.
5th CircuitOctober 27, 2020
Texas Mineral Liens May Be Modified in a Subchapter V Cramdown Plan
A cramdown plan can reduce the collateral coverage for secured creditors.
5th Circuit, Texas, Texas Southern DistrictOctober 26, 2020
Eleventh Circuit Finds Discretion to Disregard the Barton Doctrine
Is the Barton doctrine based on a lack of subject matter jurisdiction, or is it a prudential rule?
11th CircuitOctober 23, 2020
Detroit Judge Criticizes the Second Circuit’s Tribune Decision on the Safe Harbor
The Supreme Court is considering whether to review another case defining the safe harbor in Section 546(e).
6th Circuit, Michigan, Michigan Eastern DistrictOctober 22, 2020
On a Circuit Split, Sovereign Immunity Wasn’t Waived for Indian Tribes, Judge Says
Section 106 wasn’t sufficiently explicit to waive sovereign immunity for Indian tribes, Judge Frank Bailey said in siding with the Sixth Circuit and differing with the Ninth Circuit.
1st Circuit, MassachusettsOctober 21, 2020
‘Disposable Income’ Must Be Carefully Defined to Preserve the Debtor’s Discharge
Judge Christopher Klein parses the burdens of proof on conversion, dismissal and right to a discharge for an individual in chapter 11.
9th Circuit, California, California Eastern DistrictOctober 20, 2020
Exotic Aircraft Finance Defeats a Trustee on Recharacterization
Electing English law upheld, even though no one had any connection with the U.K.
9th Circuit, California, California Central DistrictOctober 19, 2020
California Judge Explains Why Acevedo Doesn’t Bar Retroactive Orders
Retroactive and nunc pro tunc orders aren’t the same thing, Judge Jaime says. Orders may be retroactive when the power is implied by statute.
9th Circuit, California, California Eastern DistrictOctober 16, 2020
Bankruptcy Judge Won’t Follow BAP Authority on Derivative Standing for Creditors
Bankruptcy Judge Thuma admonishes the parties to settle and not waste money on litigation that should go to sexual abuse victims.
10th Circuit, New Mexico