July 19, 2018
Two Courts Seemingly Differ on the Nature of Puerto Rico’s PROMESA Proceedings
Bondholders won a skirmish but may still lose the war with Puerto Rico.
July 18, 2018
New York Judge Finds Constitutional Power to Enter Default Judgments
Assuming service was properly effected, Judge Martin Glenn views Wellness International as permitting bankruptcy courts to enter final default judgments in all adversary proceedings.
2nd Circuit, New York, New York Southern DistrictJuly 17, 2018
Heightened Pleading Requirements Kick In on Nondischargeability for Fraud, Circuit Says
Merely pleading a false statement under oath won’t beat a motion to dismiss for failure to state a claim, Fifth Circuit says.
5th CircuitJuly 17, 2018
Constitutionality of the Puerto Rico Oversight Board Upheld in District Court
PROMESA’s authority is in the Territories Clause of the Constitution, District Judge Swain says.
1st Circuit, Puerto RicoJuly 16, 2018
Bankruptcy Judge Can Enter Final Judgment after a Fraudulent Transfer Bench Trial
The payee of a check isn’t necessarily the transferee of a fraudulent transfer, Chicago judge says.
7th Circuit, Illinois, Illinois Northern DistrictJuly 13, 2018
Prejudgment Interest at the Higher State Rate Can Be Ok on Nondischargeability
A nondischargeability judgment under Section 523 doesn’t require prejudgment interest at the lower federal rate.
9th CircuitJuly 12, 2018
Chapter 13 Discharges Post-Filing Condo Assessments in the Ninth Circuit
Circuit court bases its decision on the omission of Section 523(a)(16) from Section 1328(a).
9th CircuitJuly 11, 2018
Seventh Circuit Opens a Can of Worms on Bankruptcy Sales and Adequate Protection
Do free and clear sales confer interests that are entitled to adequate protection?
7th CircuitJuly 10, 2018
New York Judge Takes a Forgiving View of ‘Actual Conflict’ in Section 327(c)
Firm allowed to drop a creditor-client and represent the debtor in chapter 11.
2nd Circuit, New York, New York Southern DistrictJuly 09, 2018
U.S. Trustee Criticized for Dumping the ‘Jay Alix Protocol’
New York bankruptcy judge approves retention of a crisis manger under Section 363(b) who might be disqualified under Section 327(a).
2nd Circuit, New York, New York Southern District