November 14, 2018

New York Judge Dismisses an Involuntary Petition Against a CDO

Judge Vyskocil denounces an involuntary petition as an attempt by senior, fully secured noteholders to profit at the expense of subordinate noteholders.

2nd Circuit, New York, New York Southern District

November 08, 2018

New Jersey Judges Side with the Minority on Turnover of Repossessed Autos

Split deepens regarding failure to return a repossessed auto as an automatic stay violation.

3rd Circuit, New Jersey

November 06, 2018

Chrysler Wrongful Death Suits Barred in Alabama While Permitted Elsewhere

An Alabama statute designed to aid wrongful death claimants ends up hurting them in Chrysler’s bankruptcy.

2nd Circuit, New York, New York Southern District

November 05, 2018

Courts Disagree on the Status of a Supersedeas Bond on the Filing of Bankruptcy

A supersedeas bond and a cash deposit are interchangeable in terms of the rights of a judgment creditor, Judge Sacca says.

11th Circuit, Georgia, Georgia Northern District

October 18, 2018

Tenth Circuit Opinion Can Be the Springboard for a ‘Cert’ on the Automatic Stay

Circuit split is widening on whether inaction can be a violation of the automatic stay.

10th Circuit

October 10, 2018

Retention of Voluntary Post-Petition Payment Doesn’t Violate the Automatic Stay

A creditor was allowed to keep a voluntary, post-petition payment on a pre-petition debt that the debtor made with non-estate property.

11th Circuit, Georgia, Georgia Southern District

October 09, 2018

District Judge Rules Section 562 Does Not Apply to Terminations by Agreement

Section 562 applies to fix the date for calculating damages only if the debtor rejects or the creditor terminates, New York district judge says.

2nd Circuit, New York, New York Southern District

October 03, 2018

BAP Narrowly Reads Section 506(d) on Voiding Liens Following Claim Disallowance

A claim must be disallowed on the validity of the debt before the associated lien can be voided under Section 506(d), the Ninth Circuit BAP holds.

9th Circuit

September 28, 2018

Security Interest Perfected on the Filing Date Remains Valid if It Lapses Later

The addition of Section 362(b)(3) is held not to affect the ‘freeze rule’ with regard to lapsing security interests.

4th Circuit, Maryland

September 27, 2018

Section 363(m) Won’t Protect a Buyer with Detailed Knowledge of an Adverse Claim

A bankruptcy judge’s finding regarding status as a good faith purchaser is not the final word on appeal.

2nd Circuit, New York, New York Southern District