June 28, 2019
LLC Managers Cannot Jettison Duties of Good Faith and Fair Dealing
Arizona Supreme Court allows LLCs to sue managers and members for violation of fiduciary duties.
June 27, 2019
For Petitions the Clients Had Not Seen or Signed, Lawyer Recommended for Disbarment
Judge Olson refers a lawyer for civil and criminal investigations after uncovering dozens of unauthorized filings.
June 26, 2019
First Circuit Nixes Another Attempt at Unraveling Puerto Rico’s Debt Arrangement
The logical court to challenge the constitutionality of PROMESA isn’t the PROMESA court itself.
1st CircuitJune 25, 2019
Intercreditor Agreement Didn’t Apply to Plan Distributions, Third Circuit Holds
The Third Circuit wrote an important decision on distributing collateral under an intercreditor agreement, but it wasn’t precedential.
3rd CircuitJune 24, 2019
Supreme Court to Say Whether Puerto Rico Oversight Board Was Constitutionally Appointed
The appeal to the Supreme Court may become moot if the Senate confirms the appointment of the existing members of the Puerto Rico Oversight Board.
Supreme CourtJune 24, 2019
Failure to Appeal Confirmation Bars Claims to Estate Property, Fifth Circuit Holds
A plan’s declaration that disputed property belongs to the debtor’s estate must be challenged before confirmation becomes final.
5th CircuitJune 21, 2019
Seventh Circuit Solidifies a Circuit Split on the Automatic Stay
Disagreeing with the Tenth and D.C. Circuits and siding with four other circuits, the Seventh Circuit rules that passively holding estate property violates the automatic stay.
7th CircuitJune 20, 2019
Receiver’s Settlement Powers Aren’t Greater than a Bankruptcy Trustee’s, Circuit Says
Fifth Circuit overturns a settlement that barred officers and directors from accessing insurance policies.
5th CircuitJune 19, 2019
Rule 2004 Discovery Barred for Use in Litigation Outside Bankruptcy Court
Judge Sean Lane publishes an opinion to nip an improper discovery tactic in the bud.
2nd Circuit, New York, New York Southern DistrictJune 18, 2019
Failure to Petition the Circuit Court for a Direct Appeal Requires Dismissal
Overruling its own precedent, the Seventh Circuit dismissed an appeal when the appellant had not filed a motion in the appeals court for permission to undertake a direct appeal, even though the bankruptcy court had certified the question to the circuit.
7th Circuit