January 17, 2019
Setoff Doesn’t Apply to Mutual Debts and Credits in Agricultural Commodities
Second Circuit interprets PACA to preclude setting off debts and credits from the sale of perishable agricultural commodities.
2nd CircuitJanuary 15, 2019
Supreme Court Tackles Nonjudicial Foreclosure and the FDCPA; Homeowners Might Win
If the FDCPA applies to judicial foreclosure, should it also apply to nonjudicial foreclosure? The Supreme Court will decide.
Supreme CourtJanuary 08, 2019
Sixth Circuit Enforces a ‘Carveout’ for Professionals after Conversion to Chapter 7
The appeals court barred the secured lenders from renegotiating a carveout when a chapter 11 reorganization failed.
6th CircuitDecember 12, 2018
Equitable Mootness Applies to Chapter 9 Municipal Debt Adjustments, Ninth Circuit Says
‘Adamant’ dissenter argues that condemnation claims arising from eminent domain are excepted from discharge under the Takings Clause.
9th CircuitDecember 10, 2018
Loss of Voting Rights Must Be Expressly Stated to Be Enforceable, District Judge Says
MPM Silicones makes law again, this time on subordination of junior secured lenders.
2nd Circuit, New York, New York Southern DistrictNovember 30, 2018
Circuit Upholds $257,000 in Sanctions for Failure to Disclose a Claim Assignment
A lawyer was personally assessed $257,000 in sanctions for failure to disclose that his client had sold its $14 million claim.
6th CircuitNovember 28, 2018
Delaware Judge Allows Unsecured Claim for Contractual Attorneys’ Fees
Delaware district judge reads Supreme Court’s Travelers opinion as requiring the allowance of post-petition contractual claims for attorneys’ fees.
3rd Circuit, DelawareNovember 27, 2018
Courts Split on Arbitrating Dischargeability of Student Loans
Supreme Court’s Epic decision may end up forcing debtors to arbitrate dischargeability of loans.
7th Circuit, Indiana, Indiana Southern DistrictNovember 21, 2018
Section 1326 Preempts State Law on Levies to Collect Child Support, Fourth Circuit Says
Achieving a ‘good result’ is no reason to disregard a command in the Bankruptcy Court.
November 19, 2018
Triangular Setoff Barred (Again) in Delaware
A triangular setoff, valid under state law, is unenforceable in bankruptcy under Section 553(a).
3rd Circuit, Delaware