April 06, 2018

Chicago Wins One Round in Battle over Parking Tickets

The battle continues in Chicago over using chapter 13 to beat parking tickets.

7th Circuit, Illinois, Illinois Northern District

March 22, 2018

Court May Depart from the Code When the Debtor Consents and No One Objects

Unique facts were again the basis for a result seemingly at odds with the statute.

2nd Circuit, New York, New York Northern District

March 20, 2018

Flip Clauses in Swaps Held Enforceable by District Judge in New York

For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.

2nd Circuit, New York, New York Southern District

March 09, 2018

Second Circuit Bars Arbitration in a Class Action for Violating the Discharge Injunction

New case seems inconsistent with Second Circuit’s prior opinion compelling arbitration over an automatic stay violation.

2nd Circuit

March 05, 2018

Which Court Has a Better Claim to Jurisdiction in Successive Bankruptcies?

Yet another example of how hard cases make bad law.

2nd Circuit, New York, New York Eastern District

February 16, 2018

A Trademark License Rejection Case May End Up in the Supreme Court

A case on the ability of state law to take property out of the estate after filing may not go to the Supreme Court.

Supreme Court

February 13, 2018

CFPB Suit in District Court Immune from Transfer to Bankruptcy Court

Courts split on which change of venue statute applies to ‘related to’ suits in district court.

9th Circuit, Montana

February 12, 2018

Rejecting a Contract Precludes a Suit for Post-Petition Breach

Opinion ostensibly leaves a debtor without recourse for a supplier’s post-petition breach occurring before rejection.

5th Circuit

January 30, 2018

Simply Initiating Events that Later Violate the Stay Is Not a Stay Violation

Second Circuit approves a stay-violation defense in a nonprecedential opinion.

2nd Circuit

January 23, 2018

Judge Refuses to Vacate Opinion Socking a Bank with $40 Million in ‘Punies’

California judge won’t bar the debtor from settling for more than the original $6 million in compensatory damages while forsaking $40 million in punitive damages earmarked for public interest groups.

9th Circuit, California, California Eastern District