June 11, 2024

The Estate Owns Claims for Continuing Course of Conduct Before and After Filing

Is Segal v. Rochelle good law following the adoption of the Bankruptcy Code?

9th Circuit

May 31, 2024

Amending a Claim After Confirmation Requires ‘Compelling Circumstances’

The Fifth Circuit joins two other circuits in requiring ‘more’ to amend a proof of claim after confirmation of a chapter 11 plan.

5th Circuit

May 23, 2024

Belated Seventh Circuit Opinion May Set Up ‘Cert’: Is Section 505(a) Jurisdictional?

Seventh Circuit again holds that Section 505(a) doesn’t confer jurisdiction for bankruptcy courts to decide how much debtors owe in taxes.

7th Circuit

April 30, 2024

Selling IP for a Stream of Unsecured Payments Is a Roadmap to Disaster, Third Circuit Says

A Third Circuit decision shows the breadth of unliquidated and contingent claims.

3rd Circuit

April 24, 2024

Fourth Circuit Says Entireties Property Is Not Exempt from Tax Debt

The lack of perfection of a federal tax lien did not mean that the entireties interest was exempt under Section 522(b)(3).

4th Circuit

April 15, 2024

District Court Upholds the ‘Time Approach’ to Reduce Landlords’ Claims

Across the board, the district court affirmed a decision by Bankruptcy Judge Michael Wiles that minimized landlords’ claims resulting from lease termination or rejection.

2nd Circuit, New York, New York Southern District

April 05, 2024

Barton Doctrine Protected a Receiver from an Automatic Stay Violation

The district court properly reversed and dismissed for lack of subject matter jurisdiction under Barton.

5th Circuit, Texas, Texas Southern District

April 03, 2024

ERISA Claims Resolved in Bankruptcy Court, Not Through Arbitration

With two federal statutes in conflict, Delaware’s Judge Goldblatt found a rebuttable presumption in favor of enforcing arbitration.

3rd Circuit, Delaware

March 26, 2024

Nonconsensual, Nondebtor Releases Prohibited by a District Court in a Subchapter V Case

A district judge in New York reversed a bankruptcy judge who had permitted a nonconsensual, nondebtor release in a Subchapter V case.

2nd Circuit, New York, New York Southern District

January 30, 2024

Bankruptcy Is No Get-Out-of-Jail-Free Card for a Disobedient Debtor

When there has been a division of marital property, does a debtor only hold legal title to property given to the spouse?

7th Circuit, Illinois, Illinois Northern District