Rochellel's Daily Wire

January 25, 2017

Assets Are Sold Free & Clear of Debtor’s Insurance Experience Rating

New Hampshire judge follows the First Circuit BAP in keeping down a buyer’s insurance premiums.

1st Circuit, New Hampshire

January 24, 2017

Georgia Court Differs with Circuit Opinions on PBGC Claim Calculation

Court says circuit opinions on PBGC claims before Supreme Court’s Raleigh opinion are no longer good law.

11th Circuit, Georgia, Georgia Southern District

January 24, 2017

Litigation Funding Could Be Champertous in Some States

Financing litigation is champertous if the lender exercises control.

4th Circuit, North Carolina, North Carolina Western District

January 23, 2017

Paying Fees from Retainers Doesn’t Require Adequate Protection for Lenders

Judge Erik Kimball explains why retainers are free of lenders’ liens.

11th Circuit, Florida, Florida Southern District

January 23, 2017

Involuntary Debtor’s Flim-Flam Turns Off a Court of Equity

Involuntary debtor wins on one equitable principle, only to lose on another.

6th Circuit

January 20, 2017

Second Circuit Discusses Role of Chapter 15 in Cross-Border Litigation

Chapter 15 isn’t the exclusive means for enforcing foreign bankruptcy court judgments.

2nd Circuit

January 20, 2017

Typical Fannie/Freddie Mortgages Can’t Be Crammed Down, Fourth Circuit Says

Escrows and miscellaneous proceeds held to be real property, not additional collateral.

4th Circuit

January 19, 2017

Second Circuit Blesses a Nonconsensual Out-of-Court Restructuring

Appeals court focuses on the methods, not the result, in looking for a TIA violation.

2nd Circuit

January 18, 2017

Courts Divided over Jury Trials for Breach of Post-Petition Contracts

Barton, Granfinancier, and Langenkamp should be harmonized with Section 959.

10th Circuit, New Mexico

January 17, 2017

Transferring Venue Isn’t Easier Just Because There Is Bankruptcy Jurisdiction

New York district judge keeps a lawsuit out of the hands of a Delaware bankruptcy judge.

2nd Circuit, New York, New York Southern District