September 18, 2017

Delaware Judge Narrows Jevic to Prohibit Only End-of-Case Priority Skipping

Priority skipping permitted as part of final approval of DIP financing.

3rd Circuit, Delaware

September 08, 2017

PROMESA Didn’t Enjoin Damages Suit Against Puerto Rico Government Official

Courts are reluctant to employ PROMESA as a shield against suits involving government administration.

1st Circuit, Puerto Rico

September 06, 2017

Courts Can’t Sanction Debt Collectors for Filing Stale Claims after Midland Funding

The Code or rules must change to bar debt collectors from filing stale claims, Judge Dow says.

8th Circuit, Missouri, Missouri Western District

September 01, 2017

Tax Sales Can Be Avoided as Preferences, New Jersey Judge Rules

Federalism concerns do not protect tax foreclosures like they do mortgage foreclosures, Judge Gravelle says.

3rd Circuit, New Jersey

August 29, 2017

Defamation Claim Is Not a Personal Injury Tort, New York Judge Rules

California’s anti-SLAPP statute is substantive, but not entirely enforceable in federal court.

2nd Circuit, New York, New York Southern District

August 28, 2017

Value of Collateral Does Not Limit Lender’s Fraudulent Transfer Recovery

Ninth Circuit follows the Eleventh with a liberal recovery for an intentionally fraudulent transfer.

9th Circuit

August 23, 2017

‘Related To’ Jurisdiction Exists over Lien Dispute Between a Creditor and Its Lawyers

Delaying confirmation wasn’t grounds to abstain.

1st Circuit, Massachusetts

August 15, 2017

Existence of a Committee Precludes Tolling the Statute for Adverse Domination

The statute is tolled only if the creditors’ committee is denied standing to sue.

7th Circuit

August 14, 2017

Supreme Court Will Not Resolve Circuit Split on Recharacterization

A settlement prompts the high court to ditch a case deciding whether state or federal law governs recharacterization.

Supreme Court

August 09, 2017

‘Gift Plan’ Succeeds in Delaware Despite Jevic’s Ban on ‘Structured Dismissals’

Case shows why gift plans and structured dismissals demand a different analysis.

3rd Circuit, Delaware