January 14, 2025
Fifth Circuit Holds that Equitable Mootness Doesn’t Protect Parties to the Appeal
Fifth Circuit didn’t permit plan proponents to structure a chapter 11 plan so that an appeal would be equitably moot.
5th CircuitJanuary 13, 2025
Fifth Circuit Bans Uptier Financings for Violating the Principle of Ratable Treatment
The Fifth Circuit declines to adopt a securities industry guidebook for what’s a permissible financing.
5th CircuitJanuary 10, 2025
District Courts Disagree on Enforcing an ‘Automatic Stay’ Protecting Nondebtors
A district judge in Ohio declined to sit as an appellate court by deciding whether a bankruptcy court in another state had properly ‘spread’ the automatic stay.
6th Circuit, Ohio, Ohio Northern DistrictJanuary 09, 2025
Converting from Chapter 7 to Sub V to Liquidate Is Ok, Judge Cleary Says
A corporate debtor with no income and no operating business could convert an involuntary chapter 7 case to Subchapter V of chapter 11.
7th Circuit, Illinois, Illinois Northern DistrictJanuary 08, 2025
A Judgment Lien Isn’t Created by Filing a UCC Financing Statement, Judge Furay Says
To obtain a judgment lien, filing a UCC financing statement is no substitute for docketing a judgment.
7th Circuit, Wisconsin, Wisconsin Western DistrictJanuary 07, 2025
Debt Held Nondischargeable as to Someone Who Didn’t Commit a Defalcation
Bartenwerfer held to make a debt nondischargeable as to someone who was neither a partner nor an agent.
9th Circuit, HawaiiJanuary 06, 2025
A Mortgage Deficiency Judgment Is a Judicial Lien Subject to Avoidance Under § 522(f)
A deficiency judgment resulting from mortgage foreclosure is not ‘a judgment arising out of a mortgage foreclosure’ and can be avoided as a judgment lien.
2nd Circuit, ConnecticutDecember 31, 2024
A Consensual Judgment Is a Judgment Lien Subject to Avoidance Under Section 522(f)
‘Obtained by’ legal proceedings, a consent judgment is still a judgment lien that can be avoided if it impairs an exemption.
6th Circuit, Ohio, Ohio Southern DistrictDecember 30, 2024
Delaware Judge Writes a Treatise for Avoiding WARN Act Liability
Good faith and attention to detail should enable a failing business to avoid WARN Act liability.
3rd Circuit, DelawareDecember 24, 2024
Ninth Circuit Primed to Decide Whether Emotional Distress Damages Survived Taggart
The Ninth Circuit BAP eased the burden on debtors needing to prove that a lender violated Section 524(i) by failing to credit payments made under a plan.
9th Circuit