July 23, 2019
Delaware District Court Doesn’t Want 2,400 Johnson & Johnson Talcum Powder Suits
The Pacor test for ‘related to’ jurisdiction isn’t so broad when it comes to indemnification agreements.
3rd Circuit, DelawareJuly 22, 2019
In the More Lenient Eighth Circuit, Debtors Knock Off $130,000 in Student Loans
Judge Collins discharges all but $23,900 among nine student loans totaling $154,000.
8th Circuit, Iowa, Iowa Northern DistrictJuly 19, 2019
Increased U.S. Trustee Fees Stick to ‘Revolvers’ but Not to Pending Cases
Seventh Circuit reverses and imposes the U.S. Trustee fee on ‘revolver sweeps,’ but Judge Huennekens rules that the fee increase violates two clauses in the Constitution.
7th CircuitJuly 18, 2019
How to Draft a Judgment to Be Nondischargeable in Bankruptcy
To be nondischargeable, a stipulated judgment must lay out facts showing the debt was incurred by false representation or actual fraud.
9th Circuit, California, California Southern DistrictJuly 17, 2019
Equitable Factors Result in Disallowance of Default Interest on a Fully Secured Claim
Caselaw on disallowance of default interest is “murky,” Chief Judge Norton says.
8th Circuit, Missouri, Missouri Western DistrictJuly 16, 2019
Liquidation Value Required in a Chapter 12 Cramdown
Idaho judge seems to disagree with the Second Circuit’s ruling that a chapter 12 debtor can surrender less than all of the collateral to confirm a plan.
9th Circuit, IdahoJuly 15, 2019
Ninth Circuit BAP Allows a Complaint to Revoke Discharge After 180 Days
The Ninth Circuit BAP follows a Pennsylvania bankruptcy court decision with facts more similar than those in Ninth Circuit precedent.
9th CircuitJuly 12, 2019
Trustee Allowed to Sue for Fraudulent Transfer on an Unenforceable Contract
Long Island’s Judge Grossman follows the Third Circuit by finding limitations on the Rooker-Feldman doctrine.
2nd Circuit, New York, New York Eastern DistrictJuly 11, 2019
Michigan Court Allows Curing a Chapter 13 Payment Default After Five Years
Some lower courts don’t allow chapter 13 plan payments after five years, but two circuits do.
6th Circuit, Michigan, Michigan Eastern DistrictJuly 10, 2019
Surety Beats Out the Bank in a Tussle over Retainage in a Construction Contract
Mississippi’s Judge Samson writes a treatise on the priorities between a secured lender and the provider of a payment and performance bond.
5th Circuit, Mississippi, Mississippi Southern District