September 06, 2018
Delaware District Judge Upholds Horizontal ‘Gifting’ in a Chapter 11 Plan
Narrow reading of ‘equitable mootness’ in Tribune is limited to cases involving a dispute between two classes.
3rd Circuit, DelawareSeptember 05, 2018
Sixth Circuit Panel Splits on the Attributes of a ‘Governmental Unit’
Sixth Circuit narrowly rules that a community health service is not a governmental unit and is thus eligible for chapter 11.
6th CircuitSeptember 05, 2018
Chicago District Judge Reestablishes Chapter 13 Debt Limits on Student Loans
Debtors with too much student loan debt are functionally ineligible for any form of bankruptcy relief.
7th Circuit, Illinois, Illinois Northern DistrictSeptember 04, 2018
Circuits Split on Sovereign Immunity and Emotional Distress Damages for a Stay Violation
Ninth Circuit splits with the First on the interpretation of Section 106(a).
August 31, 2018
Judges Split on Denial of Chapter 13 Discharge for Missing Direct Mortgage Payments
Illinois judges disagree on whether direct payments to a mortgagee are “under the plan” and must be made in full to obtain a chapter 13 discharge.
7th Circuit, Illinois, Illinois Southern DistrictAugust 30, 2018
Fifth Amendment Can Be an Almost Complete Bar to a Rule 2004 Production
Required records and authenticated documents already known to exist are not protected from production by the privilege against self-incrimination.
5th Circuit, Texas, Texas Western DistrictAugust 29, 2018
A Receiver Can Bar the Old Board from Filing a Bankruptcy Petition
By removing the incumbent board, a receiver can bar the old board from filing a bankruptcy petition, the Ninth Circuit holds.
9th CircuitAugust 28, 2018
Insurance Proceeds Are Estate Property, Sometimes
Claims exceeding policy limits convert insurance proceeds into estate property, Fifth Circuit holds.
5th CircuitAugust 27, 2018
A Plan Can Release Claims for Post-Confirmation Conduct, Third Circuit Says
Third Circuit leaves open the question of whether distributions to shareholders in chapter 11 must follow FINRA rules.
3rd CircuitAugust 24, 2018
Two Circuits Agree on When Social Security Benefits Accrue
The Third and Seventh Circuits agree on a concept that limits a debtor’s ability to recover accrued Social Security benefits that are set off before bankruptcy.
7th Circuit