November 27, 2018
Courts Split on Arbitrating Dischargeability of Student Loans
Supreme Court’s Epic decision may end up forcing debtors to arbitrate dischargeability of loans.
7th Circuit, Indiana, Indiana Southern DistrictNovember 26, 2018
Second Circuit Seems Primed to Give Extraterritorial Effect to Avoiding Powers
A reversal in the Second Circuit would mean that trustees can recover from subsequent recipients of fraudulent transfers, even if the subsequent transfers were made abroad.
2nd CircuitNovember 21, 2018
Section 1326 Preempts State Law on Levies to Collect Child Support, Fourth Circuit Says
Achieving a ‘good result’ is no reason to disregard a command in the Bankruptcy Court.
November 20, 2018
Order Approving an Option Held Non-Final and Non-Appealable
Lease-approval order held moot under Section 363(m) for lack of a stay pending appeal.
11th Circuit, Florida, Florida Southern DistrictNovember 19, 2018
Triangular Setoff Barred (Again) in Delaware
A triangular setoff, valid under state law, is unenforceable in bankruptcy under Section 553(a).
3rd Circuit, DelawareNovember 16, 2018
Which Venue Transfer Statute Applies to Non-Core Suits in District Court?
Judge in Dallas lays out the procedure for transferring venue from a district court to a bankruptcy court in another district.
5th Circuit, Texas, Texas Northern DistrictNovember 15, 2018
Chapter 11 Super Priority Claims Retain Exalted Status After Conversion to Chapter 7
Super priority claims are not created under Section 503(b) and therefore don’t take a back seat to chapter 7 administrative claims.
8th Circuit, NebraskaNovember 14, 2018
New York Judge Dismisses an Involuntary Petition Against a CDO
Judge Vyskocil denounces an involuntary petition as an attempt by senior, fully secured noteholders to profit at the expense of subordinate noteholders.
2nd Circuit, New York, New York Southern DistrictNovember 13, 2018
Bankruptcy Won’t Lift Suspension of a Driver’s License for Failure to Pay Traffic Fines
The government doesn’t violate the automatic stay by refusing to reinstate a driver’s license suspended for failure to pay traffic fines, Judge Surratt-States says.
8th Circuit, Missouri, Missouri Eastern DistrictNovember 09, 2018
‘Mere Conduit’ Defense to a Fraudulent Transfer Isn’t Limited to Banks
Florida judge finds no duty to investigate suspicions of fraud when even the auditors had been duped.
11th Circuit, Florida, Florida Middle District