August 31, 2016

Delaware Judge Splits with New York by Upholding Reclamation Creditors’ Rights

Judge Walrath disagrees with Judges Lifland and Gonzales on reclamation rights.

3rd Circuit, Delaware

August 23, 2016

Equity Didn’t Help Broker Cheated Out of His Commission by Debtor

Bad result for a broker may have been avoided by raising other issues in the First Circuit.

1st Circuit

August 01, 2016

New York District Judge Lays Down Lenient Standard for Imputing Fraudulent Intent

Former Bankruptcy Judge Gerber reversed in Lyondell for being too strict, then for being too lenient.

2nd Circuit, New York, New York Southern District

July 29, 2016

Circuits Split on Invoking Safe Harbor Whenever a Bank Serves as Conduit

Seventh Circuit won’t immunize an LBO from fraudulent transfer just by using a bank conduit.

7th Circuit

July 14, 2016

Second Circuit Drubs New GM on Successor Liability for Ignition Switch Defects

Due process failure exposes New GM to liabilities for Old GM’s conduct.

2nd Circuit

July 12, 2016

Creditors Lack Standing to Appeal in ‘No Asset’ Cases

Sometimes only priority creditors will have standing to appeal, Seventh Circuit says.

7th Circuit

June 28, 2016

Supreme Court Will Review Jevic to Rule on Structured Dismissals and Gift Plans

Having avoided chapter 11 cases, the high court will tackle a major reorganization issue.

May 25, 2016

Supreme Court Likely to Decide Whether ‘Structured Dismissals’ Are Permissible

Justices may rule on whether bankruptcy settlements can disregard Section 507 priorities.

Supreme Court

April 29, 2016

Eighth Circuit Ignores Supreme Court’s Loose Language in Harris

Clever debtor’s lawyer trots out Bankruptcy Act concepts but loses.

8th Circuit

March 10, 2016

Ruling on Texas Law, New York Judge Upsets Oil and Gas Pipelines

Protections for oil and gas pipelines undermined in Sabine Oil reorganization.

2nd Circuit, New York, New York Southern District