August 07, 2020
Creditors Have Standing but Not Authority to Pursue Estate Claims, Third Circuit Says
Third Circuit’s Judge Bibas says that courts use the wrong nomenclature when they say that creditors lack standing to pursue claims belonging to the estate. It’s a question of statutory authority, he said, not standing.
3rd CircuitJune 23, 2020
New York Decision Shows that Merit Management Is a Dead Letter
The expansive definition of a ‘financial institution’ allows fraudulent transfers to be structured so that no one will ever be held liable.
2nd Circuit, New York, New York Southern DistrictMay 27, 2020
Supreme Court Ducks Equitable Mootness and Third-Party Releases
The case from the Third Circuit was not a good vehicle for granting certiorari on either issue, even though there is a circuit split on nonconsensual, third-party releases.
Supreme CourtMay 11, 2020
Second Circuit Rides to the Rescue of a GM Lawyer Who Made a Big Mistake
A mistake by a lawyer isn’t “deliberate” and therefore can’t be a judicial admission.
2nd CircuitApril 27, 2020
New York Bankruptcy Judge Declines to Follow Enron Decision by SDNY District Judge
Claims traders are put on notice: Purchasing a claim doesn’t insulate the buyer from disallowance under Section 502(d).
2nd Circuit, New York, New York Southern DistrictApril 21, 2020
Justices Postpone Argument in Fulton until the Supreme Court’s Next Term
Supreme Court won’t decide until late this year or early 2021 whether the automatic stay requires creditors to turn over repossessed property without a turnover action.
Supreme CourtApril 21, 2020
As an In Personam Claim, a Preference Can Be Barred by Discharge, Denver Judge Says
An IRA is not a legal entity separate from its owner, according to Bankruptcy Judge Elizabeth E. Brown of Denver
10th Circuit, ColoradoApril 13, 2020
First Circuit Issues a Landmark Opinion on Valuation of Disputed Claims
The value of a disputed claim is proven by showing the likely validity of the claim and the likelihood of recovery, not just by establishing the possible damages.
1st CircuitMarch 20, 2020
Two Circuits Hold that a Debt Buyer Can Be a ‘Debt Collector’ Under the FDCPA
Even the dissenter in the Ninth Circuit would not let a debt buyer off the hook if the complaint were properly pleaded.
9th CircuitMarch 17, 2020
Judge Finds a Workaround to Avoid Using Nunc Pro Tunc Retentions
Judge Grossman finds a way to grant allowances of compensation for services performed before the entry of a retention order.
2nd Circuit, New York, New York Eastern District