March 12, 2019

District Judge Finds No Loopholes in Ninth Circuit Aversion to Third-Party Releases

Free-and-clear sale won’t evade the Ninth Circuit’s rule against third-party, non-debtor releases.

9th Circuit, Washington, Washington Western District

March 05, 2019

Seventh Circuit Rules that Section 363(m) Doesn’t Render Appeals Moot

Seventh Circuit overrules two precedents holding that Section 363(m) renders appeals moot.

7th Circuit

February 28, 2019

Third Circuit Strips Debt Buyers of Defenses Under the FDCPA

Hiring a collection agent will not insulate a debt buyer from liability under the FDCPA.

3rd Circuit

January 11, 2019

Important Tenth Circuit Concurring Opinion Expounds on ‘Prudential’ Standing

A creditor’s factual allegations in bankruptcy court must be taken as true on appeal to establish ‘prudential standing.’

10th Circuit

January 10, 2019

Tenth Circuit Imports Section 363(m) to Nonbankruptcy Appeals

Tenth Circuit avoids deciding whether equitable mootness applies outside of bankruptcy.

10th Circuit

January 09, 2019

A Pending Sale Contract Doesn’t Obliterate a Homestead Exemption in Chapter 7

New York court delves into issues covered by the Fifth Circuit in Hawk and DeBerry.

2nd Circuit, New York, New York Eastern District

January 08, 2019

Sixth Circuit Enforces a ‘Carveout’ for Professionals after Conversion to Chapter 7

The appeals court barred the secured lenders from renegotiating a carveout when a chapter 11 reorganization failed.

6th Circuit

January 07, 2019

Eleventh Circuit Allows Termination of Retiree Benefits in a Chapter 11 Liquidation

Operations must continue for a debtor to invoke Section 1114 in a chapter 11 liquidation, Eleventh Circuit says.

11th Circuit

January 02, 2019

An Interest in Property as JTWROS Drops Out of the Estate on Death of the Debtor

JTWROS ownership confers benefits and disadvantages in bankruptcy, too.

10th Circuit

December 04, 2018

A Tenant with a Rejected Lease Could End Up Paying No Rent, Third Circuit Says

A tenant with a rejected lease retains ‘recoupment’ rights in addition to the protections in Section 365(h).

3rd Circuit