February 07, 2019
Fifth Circuit Declines to Expand Equitable Mootness Beyond Plan Confirmation
An appeal from an integrated sale and settlement can be dismissed under Section 363(m), the Fifth Circuit says.
5th CircuitFebruary 07, 2019
Connecticut Joins New York on Fraudulent Transfers for Children’s Tuition
Student’s entitlement to a refund determines whether a parent’s tuition payments are constructively fraudulent transfers.
2nd Circuit, ConnecticutFebruary 06, 2019
Fifth Circuit Joins Sister Circuits in Bestowing Qualified Immunity on Trustees
Qualified immunity kicks in when a trustee’s actions don’t qualify for absolute immunity.
5th CircuitFebruary 06, 2019
Equitable Mootness Attacked in Jefferson County ‘Cert’ Petition
Lack of a circuit split makes equitable mootness an unlikely topic for Supreme Court review.
Supreme CourtFebruary 05, 2019
A Judgment Lien on Entireties Property Is Avoidable in Missouri, Eighth Circuit Says
A judicial lien impairing an exemption is avoidable in some states under Section 522(f), but not in others.
8th CircuitFebruary 04, 2019
‘Stern’ Disputes Invoke a Circuit Court’s General Jurisdiction Under 28 U.S.C. § 1291
Ninth Circuit says that Section 158(d)(1) isn’t an appeals court’s jurisdiction over a ‘Stern’ matter.
9th CircuitFebruary 01, 2019
Puerto Rico Retirement System Bondholders Win Their Security Interest Back
First Circuit reverses, upholding the validity of bondholders’ security interests in $2.9 billion of collateral.
1st CircuitJanuary 31, 2019
Judge Declines to Apply ‘Earmarking’ Defense to a GM Lien Avoidance
‘Old’ GM lenders lose again while attempting to avoid the consequences of a $1.5 billion mistake.
2nd Circuit, New York, New York Southern DistrictJanuary 30, 2019
The Jay Alix/McKinsey Spat Reaches the Supreme Court
The Jay Alix certiorari petition asks the high court to resolve a circuit split and say whether vindicating the public interest confers appellate standing.
Supreme CourtJanuary 29, 2019
Fifth Circuit Differentiates Between Derivative Claims and Claims Belonging to a Creditor
Sometimes, a third party’s action can harm the debtor, but a creditor can still prosecute an independent claim against the third party.
5th Circuit