Rochellel's Daily Wire

August 11, 2017

Presumptively Fraudulent Transfer Isn’t Enough to Appoint a Trustee, First Circuit Holds

First Circuit is uncharacteristically lenient on debtors in the context of a motion for a trustee.

1st Circuit

July 26, 2017

Massachusetts Judge Limits Chapter 13 Debtor’s Standing to Sue

Chapter 11 committees achieve standing more readily than chapter 13 debtors.

1st Circuit, Massachusetts

July 25, 2017

‘Bar Order’ Precluding Creditors’ Independent Claims Disapproved in Chapter 7 Settlement

Massachusetts judge explores the circuit split on barring creditors’ direct claims against non-bankrupt third parties.

1st Circuit, Massachusetts

July 18, 2017

Boston Judge Identifies a Potential Constitutional Infirmity in PROMESA

The automatic stay as applied might sometimes deny constitutional equal protection, judge says.

1st Circuit, Puerto Rico

June 27, 2017

Automatic Stay Does Not Enjoin Criminal Habeas Petitions

Puerto Rico unsuccessfully sought to suspend habeas corpus under PROMESA.

1st Circuit, Puerto Rico

June 12, 2017

Circuits Split on Enjoining the IRS from Pursuing Corporate Officer to Collect Taxes

Puerto Rico judge sides with the Third Circuit by upholding the Anti-Injunction Act in bankruptcy cases.

1st Circuit, Puerto Rico

June 07, 2017

Retention of Jurisdiction by Itself Does Not Confer Subject Matter Jurisdiction, Circuit Holds

First Circuit narrowly interprets ‘arising in’ jurisdiction.

1st Circuit

April 26, 2017

In Dischargeability, No Disclosure Required if Not Requested

Sometimes, failure to disclose material facts is not misleading.

1st Circuit

April 06, 2017

First Circuit Interprets PROMESA’s Automatic Stay Broadly, Reverses District Court

Circuit court bars lawsuit by one Puerto Rico bondholder group against another.

1st Circuit

April 03, 2017

For Chapter 13 Lien Stripping, Use the Filing Date for Valuation

Caulkett did not bar chapter 13 lien stripping, Massachusetts judge holds.

1st Circuit, Massachusetts