September 07, 2017

Reversing Itself, Fifth Circuit Panel Reinstates Finality to Exemptions in Chapter 7

After rehearing, the Fifth Circuit rediscovers the snapshot rule by giving finality to exemptions in chapter 7.

5th Circuit

August 14, 2017

District Judge Limits Second Circuit Rule on Standing for Successorship Claims

GM’s ignition switch fiasco continues making bankruptcy law on deprivation of the constitutional right to notice.

2nd Circuit, New York, New York Southern District

August 10, 2017

Rehearing Petition Attacks Fifth Circuit Opinions Stripping Exemptions of their Finality

Petition characterizes Fifth Circuit as standing alone by rejecting the ‘snapshot rule' for exemptions.

5th Circuit

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

July 17, 2017

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