December 27, 2018
Insurance Rehabilitation in Curaçao Given ‘Foreign Main’ Recognition in New York
Court supervision and participation by creditors aren’t required for recognition under chapter 15.
2nd Circuit, New York, New York Southern DistrictDecember 26, 2018
Gift Cards Can’t Be Exempt Because They’re the Same as Nonexempt Cash
Pre-bankruptcy planning was ‘creative’ but didn’t succeed in enlarging the debtor’s exemptions.
10th Circuit, KansasDecember 21, 2018
District Court Limits Bankruptcy Judges’ Ability to Enact Local Rules
Local rules may not impose confirmation requirements beyond those contained in the statute.
7th Circuit, Illinois, Illinois Southern DistrictDecember 20, 2018
Divorcing While Bankrupt Lays Traps for the Unwary
Matrimonial lawyers need bankruptcy and tax advice when the client is insolvent.
10th Circuit, UtahDecember 19, 2018
Tuition Payments for Adult Children Squarely Held to Be Constructively Fraudulent
New York judge allows insolvent parents to pay for a minor child’s expensive education.
2nd Circuit, New York, New York Southern DistrictDecember 18, 2018
Foreign Main or Nonmain Status Doesn’t Necessarily Follow Foreign Citizenship
Judge Chapman delves into the murky realm of an individual’s ‘COMI’ and ‘establishment.’
2nd Circuit, New York, New York Southern DistrictDecember 17, 2018
Safe Harbor Given Extraterritorial Effect to Benefit Madoff Feeder Funds Customers
Will the avoiding powers and the safe harbor both have extraterritorial effect? Stay tuned!
2nd Circuit, New York, New York Southern DistrictDecember 14, 2018
First Circuit Terminates the Stay Entirely as to Repeat Filers
In the first opinion at the circuit level, the First Circuit latches onto the lousy drafting of Section 362(c)(3)(A) to end the automatic stay entirely, 30 days after the second filing within a year.
1st CircuitDecember 13, 2018
Direct Mortgage Payments Are Not ‘Provided For’ in a Plan, Eleventh Circuit Holds
By implication, the Eleventh Circuit would allow a general chapter 13 discharge to a debtor who defaults on direct mortgage payments, an issue where lower courts are split.
11th CircuitDecember 12, 2018
Equitable Mootness Applies to Chapter 9 Municipal Debt Adjustments, Ninth Circuit Says
‘Adamant’ dissenter argues that condemnation claims arising from eminent domain are excepted from discharge under the Takings Clause.
9th Circuit