August 08, 2017

Third Circuit Adopts High Standard for WARN Act Liability

Six circuits now require probability of layoffs as a condition to WARN Act liability.

3rd Circuit

July 24, 2017

IRA Sold After Filing Loses Its Exemption in Chapter 7, Not Just Chapter 13

Fifth Circuit rule effectively precludes selling exempt property until the case is closed, if not later.

5th Circuit

July 17, 2017

Ninth Circuit Joins Minority in Allowing Sales Free & Clear of Leases

Adequate protection is a ‘powerful check’ on selling real estate free of leases, circuit says.

9th Circuit

Trustee Can’t Evict Debtors in Advance of Selling Their Home, Sixth Circuit Rules

Debtors have standing for a motion compelling a trustee to abandon.

6th Circuit

June 12, 2017

A Debt Purchaser Is Not a ‘Debt Collector’ Regulated by the FDCPA, Supreme Court Holds

Justice Gorsuch’s maiden opinion is a unanimous decision favoring debt purchasers.

Supreme Court

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

May 22, 2017

Narrow Arbitration Clause Loses the Presumption of Arbitrability

Bankruptcy judge to interpret the contract before arbitrators calculate the result.

3rd Circuit, Delaware

May 18, 2017

Sale of a Nonoperating Hospital Doesn’t Require State Approval

Attorney General’s oversight was avoided by shutting down a nonprofit hospital.

9th Circuit, California, California Central District

May 01, 2017

Jevic Applied to Ordinary Settlements in the Midst of a Chapter 11 Case

Tennessee judge says Jevic tightened rules for approval of settlements.

6th Circuit, Tennessee, Tennessee Eastern District

Supreme Court to Decide Whether Using a ‘Mere Conduit’ Invokes the 546(e) ‘Safe Harbor’

Justices to rule on a narrow issue regarding the ‘safe harbor’ and leveraged buyouts.

Supreme Court