March 18, 2020
Dissenter in the Ninth Circuit says that utilizing provisions in the Bankruptcy Code is not bad faith barring confirmation.
9th Circuit
March 11, 2020
Appeals court had sympathy for the debtor by disallowing part but not all of a judgment for receipt of a fraudulent transfer with ‘actual intent.’
8th Circuit
March 10, 2020
The exaction for failure to purchase health insurance isn’t an excise tax ‘on a transaction’ under Section 507(a)(8)(E)(i).
5th Circuit
March 03, 2020
Courts are split on whether a personal guaranty survives bankruptcy.
6th Circuit
February 25, 2020
High court rules that federal courts may make federal common law only to protect ‘uniquely’ federal interests.
Supreme Court
February 21, 2020
Reinstating a ruling by Bankruptcy Judge Cecelia Morris, the appeals court held that the Manville asbestos trust covers both in rem and in personam claims by ‘future’ claimants against insurers and brokers.
2nd Circuit
February 20, 2020
Courts are split on whether large medical bills are consumer debts that invoke the means test and can bar relief in chapter 7.
6th Circuit, Ohio, Ohio Southern District
February 20, 2020
Appeals court says that using a trust for future asbestos claims rather than a bar order would be cheaper and avoid unnecessary litigation.
3rd Circuit
February 13, 2020
The 2005 amendments to Section 546(c) departed from state law under UCC § 2-702 by creating a federal rule making reclamation claims subordinate to existing secured claims and DIP financing.
7th Circuit
