March 24, 2022
Defamation and IIED Claims Are Not ‘Personal Injury Torts’
Section 157(b)(5) does not bar the bankruptcy court from trying defamation and IIED claims, Judge Thuma says, siding with Judge Bernstein.
10th Circuit, New MexicoMarch 17, 2022
No ‘Excusable Neglect’ for Late Claim if Class Claim Was Denied, Fifth Circuit Says
Fifth Circuit opinion shows that disallowance of a class proof of claim may preclude individual class members from filing late claims.
5th CircuitMarch 15, 2022
To Be a Section 544(b)(1) Predicate Claim for a 10-Year Lookback, the Claim Must Be Filed
A claim of the IRS can provide a 10-year lookback for avoidance actions, but the claim must have been filed.
3rd Circuit, DelawareMarch 14, 2022
Another New York District Judge Is Hostile to Nondebtor, Third-Party Releases
At the risk of committing error, a district judge in New York reads a third-party release to cover only derivative claims, not direct claims that a creditor may have against a nondebtor.
2nd Circuit, New York, New York Southern DistrictMarch 01, 2022
Johnson & Johnson Survives a Motion to Dismiss that Alleged a Bad Faith Filing
Judge in New Jersey explains why chapter 11 is the best alternative for a large company to deal with mass torts.
3rd Circuit, New JerseyFebruary 11, 2022
Chapter 13 Plan that Cures Arrears Pays Interest on Unpaid Principal, Judge Faris Says
Interest, if any, due on arrears cured under a plan derives from the loan documents and state law.
9th Circuit, HawaiiJanuary 21, 2022
On Title Loans, a Judge Decides Between Conflicting Eleventh Circuit Opinions
Can a state law properly decree when a debtor’s property drops out of the estate?
11th CircuitJanuary 19, 2022
Another District Judge Emphatically Rejects a Plan with Non-Debtor Third-Party Releases
A district judge in Virginia holds that third-party, non-debtor releases must be approved by district judge under Stern and must comply with the strictures of Federal Rule 23.
4th Circuit, Virginia, Virginia Eastern DistrictJanuary 14, 2022
Expanding on Midland Funding, a BAP Disallows Fee-Shifting for Time-Barred Claims
A state statute imposing sanctions for groundless claims is procedural and preempted by federal law with regard to fee-shifting.
9th CircuitJanuary 11, 2022
Purdue District Judge Authorizes Appeal to the Second Circuit on Non-Debtor Releases
The district judge who overturned confirmation of Purdue’s chapter 11 plan is requiring the debtor to expedite the appeal to the Second Circuit.
2nd Circuit