Rochellel's Daily Wire

February 10, 2017

Creditors Get Personal Injury Proceeds Although ‘Commitment Period’ Expired

Voluntary five-year commitment period sticks the debtor with its burdens, judge holds.

11th Circuit, Alabama, Alabama Northern District

February 09, 2017

Claim Deadline Also Applies to Secured Creditors in Chapter 13, Judge Holds

Although not required to file claims, secured creditors must comply with the deadline if they do.

6th Circuit, Ohio, Ohio Northern District

February 09, 2017

Breach of Corporate Fiduciary Duty Is Not Automatically Nondischargeable

‘Fiduciary duty’ is more narrowly defined in Section 523(a)(4) than in corporate law.

4th Circuit, North Carolina, North Carolina Eastern District

February 08, 2017

Terminating a Contract Is a Transfer of an Asset — Sometimes

Judge Higginbotham has been busy writing important opinions.

5th Circuit

February 08, 2017

Debtor Still Protected by Automatic Stay Even after Right of Redemption Terminates

Ninth Circuit’s Tracht Gut opinion limited to its facts by the BAP.

9th Circuit

February 07, 2017

Judge Punts on How the Rule of Explicitness Survived Adoption of the Code

Circuits split on whether Section 510(b) killed off the exception to the Rule of Explicitness.

2nd Circuit, New York, New York Southern District

February 06, 2017

Appeals Brewing on Breadth of the Barton Doctrine in the Second Circuit

Will the Second Circuit follow the Ninth with a broad reading of Barton v. Barbour?

2nd Circuit, New York, New York Southern District

February 03, 2017

Fifth Circuit Concurrence Advocates Voiding Arbitration Agreements Involving Fraud

Circuit Judge Higginbotham sees arbitration as an instrument of fraud.

5th Circuit

February 02, 2017

Fourth Circuit Follows Pre-Code Law Despite Contrary Legislative History

A bank deposit is only a substitution, not a transfer of property, circuit holds.

4th Circuit

February 01, 2017

District Courts Collide Head-On over Maritime Liens for ‘Necessaries’

Circuit split over maritime liens appears headed for the Supreme Court.

11th Circuit, Florida, Florida Northern District