August 10, 2018
First Circuit Gives Puerto Rico Bondholders a Second Bite at the Apple
Puerto Rico’s toll road bonds don’t have statutory liens, circuit court rules.
1st CircuitAugust 09, 2018
FDCPA Applies to Debt Collectors Even if They Own the Debt
Thomas Ambro on the Third Circuit answers a question the Supreme Court left open in <em>Henson v. Santander</em>.
3rd CircuitAugust 08, 2018
Personal Liability for a PACA Trust Is Dischargeable, Judge Mark Says
Courts are split on whether personal liability to produce suppliers results in a nondischargeable debt under Section 523(a)(4).
11th Circuit, Florida, Florida Southern DistrictAugust 07, 2018
New York Judge Rails Against the Use of ‘Appearance Counsel’
Multiple ethical violations may occur with the use of so-called appearance counsel in consumer bankruptcies.
2nd Circuit, New York, New York Southern DistrictAugust 06, 2018
Property that Lost Exempt Status Goes to the Chapter 13 Debtor on Voluntary Dismissal
Fifth Circuit Draws on Harris v. Viegelahn to revest all property in the chapter 13 debtor on dismissal.
5th CircuitAugust 06, 2018
Penalty for Early Withdrawal from a Retirement Account Is Not a Priority Tax Claim
Two Boston judges agree: The 10% penalty for early withdrawals from a retirement account doesn’t have priority under Section 508(a)(8).
1st Circuit, MassachusettsAugust 03, 2018
Punitive Damages under Section 303(i) Can’t Be Offset, Third Circuit Says
One involuntary petition dismissed in bankruptcy court has now spawned three important opinions at the circuit level.
3rd CircuitAugust 03, 2018
Covenant Not to Compete Survives a Chapter 7 Discharge, Judge Nugent Says
Breaching a covenant not to compete does not give rise to a claim, because the primary remedy is equitable.
10th Circuit, KansasAugust 02, 2018
Delaware District Judge Defines ‘Unfair Discrimination’ in Cramdown
A $30 million haircut is not ‘unfair discrimination’ to preclude cramming down a plan.
3rd Circuit, DelawareAugust 02, 2018
Retention of Jurisdiction Beats Out an Arbitration Agreement, Third Circuit Says
Court retains adjudicatory power unless the arbitration agreement applies to all disputes.
3rd Circuit