March 18, 2020
Ninth Circuit Equivocates on ‘Collection Injunctions’ in Individual Chapter 11s
Dissenter in the Ninth Circuit says that utilizing provisions in the Bankruptcy Code is not bad faith barring confirmation.
9th CircuitMarch 16, 2020
To Impair an Exemption, Judicial Lien Must Attach to Property the Debtor Already Owns
A judicial lien may be avoided under Section 522(f) only if the lien attached after the debtor acquired the property.
2nd CircuitMarch 13, 2020
Ninth Circuit Takes a Hard Line Against Waiving Discharge Inadvertently
The Ninth Circuit may be backing off from Ybarra, a case that waives discharge for attorneys’ fees if the debtor ‘returns to the fray.’
9th CircuitMarch 10, 2020
Fifth Circuit Rules that the Penalty under the ACA Isn’t a Priority Tax Claim
The exaction for failure to purchase health insurance isn’t an excise tax ‘on a transaction’ under Section 507(a)(8)(E)(i).
5th CircuitFebruary 27, 2020
Eleventh Circuit Opinion Shows Taggart’s Effect on Discharge Contempt Disputes
Taggart allows a court to deny a contempt motion without deciding whether the creditor’s action actually violated the discharge injunction.
11th CircuitFebruary 26, 2020
Supreme Court Bans Nunc Pro Tunc Orders
Despite the high court’s ban on nunc pro tunc orders, may bankruptcy courts make their orders retroactive?
Supreme CourtFebruary 19, 2020
District of Columbia Rejects the Jewel Doctrine, Joining California and New York
Lawyers leaving a bankrupt firm are not required to pay over profits on hourly matters they take to their new firms.
D.C. CircuitJanuary 07, 2020
Second Circuit Again Applies the ‘Safe Harbor’ to Protect Selling Shareholders in an LBO
The Supreme Court’s Merit Management opinion fails to persuade the Second Circuit to change the result in Tribune.
2nd CircuitDecember 26, 2019
The Texas UFTA Has No ‘Futility Defense’ When a Transferee Is on Inquiry Notice
The Texas UFTA Has No ‘Futility Defense’ When a Transferee Is on Inquiry Notice
5th CircuitDecember 26, 2019
Divided Fifth Circuit Again Permits Third-Party Injunctions in Stanford Receivership
Fifth Circuit should decide en banc whether nondebtor releases are permissible in receiverships but not in bankruptcy cases.
5th Circuit