June 20, 2018

Ninth Circuit Finds a Loophole to Reduce a Pre-Bankruptcy Fee Award

Prepetition judgments for attorneys’ fees are not sacrosanct in bankruptcy.

9th Circuit

June 19, 2018

Filings by the Debtor Sufficed as the Creditor’s Informal Proof of Claim

Fifth Circuit’s liberal rule on allowing an informal proof of claim is interpreted liberally.

5th Circuit, Texas, Texas Southern District

June 11, 2018

Bankruptcy Code Preempts State Law Invalidating KERPs, Delaware Judge Says

A waiver in a KERP is enforceable even if it violates state labor law, Judge Carey rules.

3rd Circuit, Delaware

June 06, 2018

Buying Just Enough Unsecured Claims to Defeat Confirmation Is Ok, Ninth Circuit Says

To warrant ‘designation,’ a claim purchaser must have an ‘ulterior motive’ beyond self-interest.

9th Circuit

June 04, 2018

Bankruptcy Judge Regulates the Unregulated Debt-Reduction Service Industry

Section 502(b)(4) shields debtors from overreaching lawyers in a new context.

2nd Circuit, New York, New York Eastern District

June 04, 2018

A False Statement About One Asset Isn’t Grounds for Nondischargeability, Supreme Court Rules

High court resolves a circuit split on Section 523(a)(2)(B) and the meaning of “financial condition.”

Supreme Court

May 31, 2018

Penalties for Fraud Are Nondischargeable Despite Chapter 13’s ‘Superdischarge’

Fraudsters get no sympathy from the Sixth Circuit on dischargeability.

6th Circuit

May 24, 2018

Fifth Circuit Issues a Narrow Opinion Requiring Corporate Authority to File a Petition

The appeals court avoids ruling broadly on the ability of a golden share or blocking provision to bar a company from filing bankruptcy voluntarily.

5th Circuit

May 23, 2018

New Jevic Settlement Fails, Making Supreme Court’s Reversal More Costly

Unlike Rodney Dangerfield, Jevic workers get respect when Delaware judge rejects a new settlement they dislike.

3rd Circuit, Delaware

May 16, 2018

‘Exhaustion’ Required Before Nailing the IRS for Discharge Violation Damages

‘Exhaustion’ is not required before compelling the IRS to return funds taken in violation of discharge.

11th Circuit, Florida, Florida Southern District