August 06, 2019
First Circuit Puerto Rico Bondholder Opinion Is Primed for Certiorari
Dissenter in the First Circuit recommends that the Supreme Court hear and reverse an opinion allowing Puerto Rico to withhold payments from bondholders.
1st CircuitAugust 05, 2019
Shareholders Lack Standing to Appeal in Fifth Circuit, District Judge Holds
Reasonableness of breakup fee is measured by the total contract price, not the amount retained by the debtor.
August 02, 2019
Fifth Circuit Makes Student Loans Even More Difficult to Discharge
Fifth Circuit now says that student loans must ‘impose intolerable difficulties’ to be dischargeable.
5th CircuitAugust 01, 2019
Fifth Circuit Clarifies ‘Admin’ Status for a Drilling Contractor’s Post-Rejection Claims
Appeals court holds that a specific request from the debtor isn’t required to justify allowance of an ‘admin’ claim.
5th CircuitJuly 31, 2019
Losing Competitive Advantage Doesn’t Justify Redacting a Settlement Agreement
Judge Garrity in New York adopts a narrow view of ‘commercial information’ that may be redacted in a court filing.
2nd Circuit, New York, New York Southern DistrictJuly 30, 2019
Second Circuit Defines a Prohibited Double Recovery on Fraudulent Transfers
There is no prohibited double recovery from multiple defendants, the appeals courts says, until the trustee has recovered cash equaling the value of the fraudulently transferred property.
2nd CircuitJuly 29, 2019
A ‘Plausible’ Claim for a Discharge Violation Is No Longer Sufficient after Taggart
An Alabama case shows how Taggart heightened the pleading standards for a complaint alleging a violation of the discharge injunction.
11th Circuit, Alabama, Alabama Middle DistrictJuly 26, 2019
Insurance Policy Excluding Coverage for Causing Bankruptcy Is Unenforceable
A ‘runoff’ policy purchased after filing is a continuation of a pre-bankruptcy policy, district judge says.
6th Circuit, Michigan, Michigan Eastern DistrictJuly 25, 2019
Fifth Circuit Bars Creditors’ Own Claims Against Settling Defendants
Fifth Circuit permits bar orders in receiverships while blocking nonconsensual, third-party releases in chapter 11 plans.
5th CircuitJuly 24, 2019
Veto Right Made All Directors Liable for Bad Decisions by a Few Directors
Business judgment rule failed to protect directors of a Georgia bank for approving bad loans.
11th Circuit