August 23, 2022
Bankruptcy Judge Sean Lane in New York barred a chapter 11 claims agent from selling the claims docket to a claims trader in return for a share of the fees earned by the trader.
2nd Circuit, New York, New York Southern District
August 19, 2022
The Fifth Circuit said in dicta that courts might apply the ‘functional approach’ rather than the Countryman test in deciding whether a triangular contract is executory.
5th Circuit
August 17, 2022
An appeal to the Third Circuit may tell us whether a ‘notwithstanding any other provision’ clause really means what it says.
3rd Circuit, Delaware
August 05, 2022
The Ninth Circuit again questions the Supreme Court’s ‘atextual’ analysis of Section 523(a)(7).
9th Circuit
July 21, 2022
Splitting with the Ninth Circuit, the First Circuit holds that claims under the Takings Clause cannot be discharged in a municipal bankruptcy.
1st Circuit
July 01, 2022
Circuit courts are split 4/3 on their interpretation of Supreme Court precedent holding that regularly conducted mortgage foreclosures are immune from fraudulent transfer attack.
2nd Circuit
June 14, 2022
Status as a ‘known’ or ‘unknown’ creditor misses the point when a lease was either assumed or rode through the chapter 11 case, Judge Jernigan says.
5th Circuit, Texas, Texas Northern District
May 18, 2022
The Affordable Care Act’s ‘individual mandate’ was a tax measured by income, thus giving the IRS a priority tax claim.
3rd Circuit
May 11, 2022
Over a dissent, the Eleventh Circuit held that a 1995 chapter 11 plan discharged the liability of ‘related persons’ to pay health care benefits when a coal producer defaulted on the obligation in 2016.
11th Circuit
