March 11, 2016

Fifth Circuit Finds an Exception to General Rule on Appellate Standing

Debtors facing discharge denial have standing to appeal claim allowances.

5th Circuit

March 07, 2016

Courts Split on Stripping Down Residential Mortgages in Chapter 11

Ninth Circuit B.A.P. and Third Circuit duke it out over Section 1123(b)(5).

9th Circuit, California, California Northern District

February 26, 2016

First Circuit Looks Behind a Judgment in Ruling on Involuntary Petition

Minor dispute as to amount bars using a claim for filing an involuntary petition.

1st Circuit

February 15, 2016

District Judge Puts Limits on Policy Statement in Segal v. Rochelle

Continuing FLSA claims arising after filing are not subject to judicial estoppel.

11th Circuit, Florida, Florida Southern District

February 11, 2016

Claim Buyer Doesn’t Acquire Seller’s Insider Status, Ninth Circuit Holds

Debtor-friendly opinion validates strategy for cramming down on secured lender.

9th Circuit

January 21, 2016

Courts Spilt on Offsetting Government’s Non-Tax Claim Against a Tax Refund

Automatic stay bars collecting a debt by offsetting a tax refund.

4th Circuit, Virginia, Virginia Western District

January 15, 2016

Madoff ‘Net Equity’ Method Was Properly Applied to Inter-Account Transfers

Madoff trustee’s newest appellate victory again disregards fictitious profits.

2nd Circuit, New York, New York Southern District

January 11, 2016

Fifth Circuit Sticks by ‘Specificity’ Test for Third-Party Releases

Generic language won’t release third parties in the Fifth Circuit.

5th Circuit

January 11, 2016

Trustee Not Required to Investigate Claimed Exemption for Timely Fraud Objection

BAP makes life easier on trustee in objecting to exemptions.

9th Circuit

January 08, 2016

District Judge Packs Off New GM to the First Ignition Switch Trial in Oklahoma

New GM and ignition switch plaintiffs play high-stakes poker in federal court.

2nd Circuit, New York, New York Southern District