Rochellel's Daily Wire

February 27, 2017

Sixth Circuit Thwarts Tennessee in Jacking Up Interest Rate on Tax Claims

Does ‘nonbankruptcy law’ mean any law other than the Bankruptcy Code?

6th Circuit

February 27, 2017

Bar Date Not Extended Three Days for Service by Mail

As bar dates are fixed by the meeting of creditors, not by date of mailing, Rule 9006(f) isn’t applicable.

11th Circuit, Alabama, Alabama Middle District

February 24, 2017

Secured Creditors Need Not File Claims in Federal Receiverships, Circuit Holds

Opinion overlooks administrative problems when secured creditors don’t file claims.

11th Circuit

February 23, 2017

Loan Agreement Gives U.S. Court Jurisdiction over Foreign Bank Lender

Few U.S. connections required for ‘specific jurisdiction’ over a foreign lender.

2nd Circuit, New York, New York Southern District

February 23, 2017

For Insufficient Notice, a Recorded Right of First Refusal Survived a Sale

Constructive notice deprived a purchaser of ‘bona fide’ status.

7th Circuit, Wisconsin, Wisconsin Eastern District

February 22, 2017

Odds Decline that Supreme Court Will Review Second Circuit Opinion in GM Bankruptcy

Claimants say GM misstep was a ‘black swan’ event not worthy of Supreme Court review.

Supreme Court

February 22, 2017

Suit for Injunction Held Not to Violate PROMESA, Puerto Rico’s Workout Statute

Automatic stay not violated without an attempt to collect a claim, Puerto Rico Judge holds.

1st Circuit, Puerto Rico

February 21, 2017

Banks Admonished to File Foreclosure Deeds Promptly, or Else

Requiring prompt filing of a foreclosure deed is not absurd, Massachusetts judge says.

1st Circuit, Massachusetts

February 20, 2017

Constructive Trust Theory Fails Without Showing Unjust Enrichment

Parents who benefitted from son’s secret ownership couldn’t claim title.

2nd Circuit, New York, New York Eastern District

February 17, 2017

Circuits Now Split on Dischargeability for Third Party’s Violation of Securities Laws

Eleventh Circuit panel divided on reaching alternative holding under Section 523(a)(19).

11th Circuit