December 11, 2018
Advice of Counsel Must Be Given in Advance to Constitute a Defense, Circuit Says
Tenth Circuit lays out the elements of denial of discharge for failure to obey an order.
10th CircuitDecember 10, 2018
Loss of Voting Rights Must Be Expressly Stated to Be Enforceable, District Judge Says
MPM Silicones makes law again, this time on subordination of junior secured lenders.
2nd Circuit, New York, New York Southern DistrictDecember 07, 2018
A Lack of ‘Stern’ Jurisdiction Bars a Transfer Under 28 U.S.C. § 1631
Third Circuit makes a fine distinction regarding bankruptcy courts as ‘courts of the U.S.’
3rd CircuitDecember 06, 2018
As an Exempt Asset, a Dog’s Value Is Priceless, Judge Collins Says
Pet insurance and proceeds are exempt, even above the value of the pet.
9th Circuit, ArizonaDecember 05, 2018
Unprotected Sex Results in a $250,000 Nondischargeable Debt
Lying about herpes resulted in a nondischargeable debt for fraud and battery.
December 04, 2018
A Tenant with a Rejected Lease Could End Up Paying No Rent, Third Circuit Says
A tenant with a rejected lease retains ‘recoupment’ rights in addition to the protections in Section 365(h).
3rd CircuitDecember 03, 2018
Tuition Payments by Insolvent Parents (Likely) Constitute Fraudulent Transfers
District judge in Brooklyn overturns the bankruptcy court and again exposes colleges and universities to the receipt of fraudulent transfers when insolvent parents pay their childrens’ tuition.
2nd Circuit, New York, New York Eastern DistrictNovember 30, 2018
Circuit Upholds $257,000 in Sanctions for Failure to Disclose a Claim Assignment
A lawyer was personally assessed $257,000 in sanctions for failure to disclose that his client had sold its $14 million claim.
6th CircuitNovember 29, 2018
Appreciation in a Home Is Exempt in California, But Not in Washington, Circuit Says
Vigorous dissent argues that the majority misread Ninth Circuit precedent in barring a debtor from exempting post-petition appreciation in a homestead.
9th CircuitNovember 28, 2018
Delaware Judge Allows Unsecured Claim for Contractual Attorneys’ Fees
Delaware district judge reads Supreme Court’s Travelers opinion as requiring the allowance of post-petition contractual claims for attorneys’ fees.
3rd Circuit, Delaware