June 03, 2020
Supreme Court Allows the Madoff Trustee to Sue Foreign Subsequent Transferees
The denial of ‘cert’ aids the Madoff trustee’s quest to recover 100% of defrauded customers’ cash losses.
Supreme CourtMay 27, 2020
Supreme Court Ducks Equitable Mootness and Third-Party Releases
The case from the Third Circuit was not a good vehicle for granting certiorari on either issue, even though there is a circuit split on nonconsensual, third-party releases.
Supreme CourtMay 11, 2020
Second Circuit Rides to the Rescue of a GM Lawyer Who Made a Big Mistake
A mistake by a lawyer isn’t “deliberate” and therefore can’t be a judicial admission.
2nd CircuitApril 21, 2020
Justices Postpone Argument in Fulton until the Supreme Court’s Next Term
Supreme Court won’t decide until late this year or early 2021 whether the automatic stay requires creditors to turn over repossessed property without a turnover action.
Supreme CourtApril 20, 2020
Courts Must Rule on ‘Comfort Orders’ When Requested, BAP Says
ABI Consumer Commission recommended that ‘comfort orders’ be obtained through motion practice, not adversary proceedings.
9th CircuitApril 15, 2020
Solicitor General Sides with the Madoff Trustee on Suing Foreign Subsequent Transferees
Denying ‘cert’ will aid the Madoff trustee’s quest to recover 100% of defrauded customers’ net equity claims.
2nd CircuitMarch 31, 2020
Cramdown Must Not Put the Secured Creditor at Risk, Ninth Circuit BAP Says
Permanently reducing the claim by the appraised value without a backstop means the creditor isn’t receiving the ‘indubitable equivalent,’ BAP says.
9th CircuitMarch 25, 2020
Supreme Court Explains Sovereign Immunity in Bankruptcy Cases
The Supreme Court uses a copyright case to explain why the bankruptcy exception to states’ sovereign immunity is unique under the Constitution.
Supreme CourtMarch 24, 2020
Ninth Circuit BAP Applies Taggart to Violations of the Automatic Stay
Taggart left open the question of whether the ‘no objectively reasonable basis’ standard for discharge violations also applies to contempt of the automatic stay.
9th CircuitMarch 20, 2020
Two Circuits Hold that a Debt Buyer Can Be a ‘Debt Collector’ Under the FDCPA
Even the dissenter in the Ninth Circuit would not let a debt buyer off the hook if the complaint were properly pleaded.
9th Circuit