September 17, 2019
Second Circuit Explains when Default Judgments Qualify for Issue Preclusion
Discovery abuse in a prior lawsuit can result in nondischargeability in a later bankruptcy.
2nd CircuitSeptember 16, 2019
Seventh Circuit Splits with the First Circuit on Sufficiency of Financing Statements
Seventh Circuit holds that a financing statement is sufficient if it describes collateral by reference to an unattached security agreement.
7th CircuitSeptember 13, 2019
‘Close Nexus’ Test Doesn’t Apply to Liquidating Trusts After Confirmation
‘Conceivable effect’ test for ‘related to’ jurisdiction continues to apply to liquidating trusts after confirmation of a chapter 11 plan.
10th CircuitSeptember 12, 2019
Boston Judge Suggests Procedures for Removing Uncertainty from Section 365(p)
Judge Hoffman’s analysis comports with the ABI Commission’s recommendations for improvements in lease assumptions by chapter 7 debtors under Section 365(p).
1st Circuit, MassachusettsSeptember 11, 2019
Non-Debtor’s Creditors Must Have Notice of Substantive Consolidation, Circuit Says
Equitable nature of substantive consolidation requires notice to creditors of non-debtors who might be affected.
9th CircuitSeptember 10, 2019
Immediately Withdrawing the Reference Is ‘Absurd,’ District Judge Says
Defendants in lawsuits by Lehman Brothers are stuck in bankruptcy court until the cases are ready for a jury trial.
2nd Circuit, New York, New York Southern DistrictSeptember 09, 2019
Ninth Circuit Sides with the FDIC over Ownership of Tax Refunds
An appeal in the Ninth Circuit did not reach the issue to be decided by the Supreme Court in <em>Rodriguez</em>.
9th CircuitSeptember 06, 2019
May a Trustee Recover Proceeds from Fraudulently Transferred Property?
Courts disagree on whether a trustee may recover proceeds of a fraudulent transfer from a later transferee, not only the fraudulently transferred property itself.
10th Circuit, KansasSeptember 05, 2019
Fifth Circuit Invokes ‘Policies’ in Ruling on Subordination under Section 510(b)
Policy informs the result when the statutory language is ambiguous.
5th CircuitSeptember 04, 2019
Another Judge Clamps Down on Third-Party Releases in a Major Reorganization
Extinguishing contingent environmental claims doesn’t comply with the Sixth Circuit’s Dow Corning test, Judge Koschik says.
6th Circuit, Ohio, Ohio Northern District