July 09, 2019
Supreme Court to Tackle a Bankruptcy Tax Refund Circuit Split
Circuits are split on whether a tax refund presumptively goes to the subsidiary that created the losses giving rise to the refund.
Supreme CourtJuly 08, 2019
Different Rules Govern When Claims Accrue By or Against an Estate
Like physics, bankruptcy searches for a unified theory to explain claims by and against the estate.
1st Circuit, MassachusettsJuly 05, 2019
New York Judge Refuses to Waive Collateralization for Debtors’ Bank Accounts
In a large ‘prepack,’ the debtor was required to spend $80,000 a month for its depository bank to obtain a bond required by Section 345(b).
2nd Circuit, New York, New York Southern DistrictJuly 03, 2019
The Debtor or Trustee Control the Privileges of an Independent Audit Committee
As his parting shot, Judge Carey requires turnover of almost everything in the files of professionals for an independent audit committee.
3rd Circuit, DelawareJuly 03, 2019
Supreme Court Denied ‘Cert.’ on Termination of Retiree Benefits
The Eleventh Circuit had held that coal producers can sell assets and insulate the buyer from liability for paying retirees’ health benefits.
Supreme CourtJuly 02, 2019
Overpaying a DSO Doesn’t Result in a Nondischargeable Debt, Seventh Circuit Holds
On an issue dividing the courts, the Seventh Circuit rules that an obligation to repay a domestic support obligation is a dischargeable debt, not a nondischargeable DSO.
7th CircuitJuly 02, 2019
Third Circuit Expands the Flexible Notion of ‘Finality’ on Bankruptcy Appeals
The Third Circuit’s new opinion on ‘finality’ will be cast in doubt depending on how the Supreme Court rules in Ritzen.
3rd CircuitJuly 01, 2019
State and Federal IRA Exemptions Aren’t Congruent, Eleventh Circuit Explains
Circuit Judge Grant explains why an IRA might be exempt under federal law but not exempt under the Florida exemption statute.
11th CircuitJuly 01, 2019
Self-Inflicted Disability Won’t Make Student Loans Dischargeable, BAP Says
The BAP avoided making a rule that would have allowed convicted felons to discharge student loans more easily than debtors with clean records.
9th CircuitJune 28, 2019
Second Circuit Opinion Raises Questions Left Open by Taggart v. Lorenzen
If a lower court buys an argument that’s clearly wrong, is the argument nonetheless ‘objectively reasonable?’ And does Taggart apply to an automatic stay violation?
2nd Circuit