August 08, 2017

Third Circuit Adopts High Standard for WARN Act Liability

Six circuits now require probability of layoffs as a condition to WARN Act liability.

3rd Circuit

August 02, 2017

Debtor’s Settlement Cannot Compromise a Creditor’s Claim Objection

‘Plain language’ of Section 502(b) prevents debtors from settling claim objections brought by creditors, Utah judge rules.

10th Circuit

August 01, 2017

An Allowance of Compensation Is Not a Money Judgment, Judge Teel Holds

Decision shows why fee awards are difficult to collect after dismissal.

D.C. Circuit, District of Columbia

July 27, 2017

Chicago Judge Writes a Primer on Recharacterization and Equitable Subordination

Insiders were protected in making loans to a failing company.

7th Circuit, Illinois, Illinois Northern District

July 25, 2017

‘Bar Order’ Precluding Creditors’ Independent Claims Disapproved in Chapter 7 Settlement

Massachusetts judge explores the circuit split on barring creditors’ direct claims against non-bankrupt third parties.

1st Circuit, Massachusetts

July 21, 2017

Jurisdiction Continues After Confirmation to Complete a Pending Lawsuit

Third Circuit says ‘related to’ jurisdiction can’t be destroyed by subsequent events.

3rd Circuit

July 19, 2017

Goods Delivered Directly to a Debtor’s Customers Never Qualify for 503(b)(9)

Judge Shannon writes an important decision for the era of ecommerce.

3rd Circuit, Delaware

July 14, 2017

Tenth Circuit’s Narrow View of Automatic Stay Erodes Estate Property

Tenth Circuit is in the minority by requiring affirmative action for a stay violation.

June 28, 2017

Supreme Court to Decide on Choice of Law Governing Recharacterization

Supreme Court takes a third bankruptcy case for the term to begin in October.

Supreme Court

June 27, 2017

Look Forward 5 Years, Not 25, on Debtor’s Inability to Repay Student Loans, Judge Says

Term of the loan is the ‘relevant period’ for judging student loan dischargeability.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District