August 07, 2019
A Judgment Lien on Entireties Property Isn’t Avoidable in Illinois, Seventh Circuit Says
A judicial lien impairing a homestead exemption is avoidable in some states under Section 522(f), but not in others.
7th Circuit, IllinoisAugust 06, 2019
First Circuit Puerto Rico Bondholder Opinion Is Primed for Certiorari
Dissenter in the First Circuit recommends that the Supreme Court hear and reverse an opinion allowing Puerto Rico to withhold payments from bondholders.
1st CircuitJuly 25, 2019
Fifth Circuit Bars Creditors’ Own Claims Against Settling Defendants
Fifth Circuit permits bar orders in receiverships while blocking nonconsensual, third-party releases in chapter 11 plans.
5th CircuitJuly 17, 2019
Equitable Factors Result in Disallowance of Default Interest on a Fully Secured Claim
Caselaw on disallowance of default interest is “murky,” Chief Judge Norton says.
8th Circuit, Missouri, Missouri Western DistrictJuly 10, 2019
Surety Beats Out the Bank in a Tussle over Retainage in a Construction Contract
Mississippi’s Judge Samson writes a treatise on the priorities between a secured lender and the provider of a payment and performance bond.
5th Circuit, Mississippi, Mississippi Southern DistrictJuly 09, 2019
Supreme Court to Tackle a Bankruptcy Tax Refund Circuit Split
Circuits are split on whether a tax refund presumptively goes to the subsidiary that created the losses giving rise to the refund.
Supreme CourtJuly 02, 2019
Overpaying a DSO Doesn’t Result in a Nondischargeable Debt, Seventh Circuit Holds
On an issue dividing the courts, the Seventh Circuit rules that an obligation to repay a domestic support obligation is a dischargeable debt, not a nondischargeable DSO.
7th CircuitJune 25, 2019
Intercreditor Agreement Didn’t Apply to Plan Distributions, Third Circuit Holds
The Third Circuit wrote an important decision on distributing collateral under an intercreditor agreement, but it wasn’t precedential.
3rd CircuitJune 21, 2019
Seventh Circuit Solidifies a Circuit Split on the Automatic Stay
Disagreeing with the Tenth and D.C. Circuits and siding with four other circuits, the Seventh Circuit rules that passively holding estate property violates the automatic stay.
7th CircuitJune 20, 2019
Receiver’s Settlement Powers Aren’t Greater than a Bankruptcy Trustee’s, Circuit Says
Fifth Circuit overturns a settlement that barred officers and directors from accessing insurance policies.
5th Circuit