October 01, 2019
Lawyer Sanctioned for Filing at the Last Minute when Title Had Passed Already
Lawyer was sanctioned under Rule 9011 for filing a petition when the lawyer should have known that title had already passed in a foreclosure sale.
3rd Circuit, New JerseySeptember 26, 2019
Another Court Limits ‘Related To’ Jurisdiction Based on Indemnification Claims
W.R. Grace makes more law on channeling injunctions.
3rd Circuit, DelawareSeptember 18, 2019
New Jersey Tax Foreclosures Can Be Preferences, Third Circuit Rules
Although a foreclosure sale can be immune from fraudulent transfer attack, a tax foreclosure not based on the value of the property can be a preference.
3rd Circuit, New JerseySeptember 16, 2019
Seventh Circuit Splits with the First Circuit on Sufficiency of Financing Statements
Seventh Circuit holds that a financing statement is sufficient if it describes collateral by reference to an unattached security agreement.
7th CircuitSeptember 11, 2019
Non-Debtor’s Creditors Must Have Notice of Substantive Consolidation, Circuit Says
Equitable nature of substantive consolidation requires notice to creditors of non-debtors who might be affected.
9th CircuitSeptember 10, 2019
Immediately Withdrawing the Reference Is ‘Absurd,’ District Judge Says
Defendants in lawsuits by Lehman Brothers are stuck in bankruptcy court until the cases are ready for a jury trial.
2nd Circuit, New York, New York Southern DistrictSeptember 09, 2019
Ninth Circuit Sides with the FDIC over Ownership of Tax Refunds
An appeal in the Ninth Circuit did not reach the issue to be decided by the Supreme Court in <em>Rodriguez</em>.
9th CircuitSeptember 06, 2019
May a Trustee Recover Proceeds from Fraudulently Transferred Property?
Courts disagree on whether a trustee may recover proceeds of a fraudulent transfer from a later transferee, not only the fraudulently transferred property itself.
10th Circuit, KansasAugust 16, 2019
Seventh Circuit Opinion on Contempt Raises Questions under Taggart
On an appeal involving contempt of the discharge injunction, would the circuit court have reached a different conclusion by employing the standard under Taggart?
7th CircuitAugust 14, 2019
Default Judgments Are (Sometimes) Nondischargeable Under Issue Preclusion
If the parties litigate but the defendant eventually defaults, the default judgment can result in nondischargeability via issue preclusion, Eleventh Circuit holds.
11th Circuit