August 06, 2019

First Circuit Puerto Rico Bondholder Opinion Is Primed for Certiorari

Dissenter in the First Circuit recommends that the Supreme Court hear and reverse an opinion allowing Puerto Rico to withhold payments from bondholders.

1st Circuit

July 31, 2019

Losing Competitive Advantage Doesn’t Justify Redacting a Settlement Agreement

Judge Garrity in New York adopts a narrow view of ‘commercial information’ that may be redacted in a court filing.

2nd Circuit, New York, New York Southern District

July 30, 2019

Second Circuit Defines a Prohibited Double Recovery on Fraudulent Transfers

There is no prohibited double recovery from multiple defendants, the appeals courts says, until the trustee has recovered cash equaling the value of the fraudulently transferred property.

2nd Circuit

July 29, 2019

A ‘Plausible’ Claim for a Discharge Violation Is No Longer Sufficient after Taggart

An Alabama case shows how Taggart heightened the pleading standards for a complaint alleging a violation of the discharge injunction.

11th Circuit, Alabama, Alabama Middle District

July 12, 2019

Trustee Allowed to Sue for Fraudulent Transfer on an Unenforceable Contract

Long Island’s Judge Grossman follows the Third Circuit by finding limitations on the Rooker-Feldman doctrine.

2nd Circuit, New York, New York Eastern District

July 10, 2019

Surety Beats Out the Bank in a Tussle over Retainage in a Construction Contract

Mississippi’s Judge Samson writes a treatise on the priorities between a secured lender and the provider of a payment and performance bond.

5th Circuit, Mississippi, Mississippi Southern District

July 09, 2019

Supreme Court to Tackle a Bankruptcy Tax Refund Circuit Split

Circuits are split on whether a tax refund presumptively goes to the subsidiary that created the losses giving rise to the refund.

Supreme Court

July 08, 2019

Different Rules Govern When Claims Accrue By or Against an Estate

Like physics, bankruptcy searches for a unified theory to explain claims by and against the estate.

1st Circuit, Massachusetts

July 03, 2019

The Debtor or Trustee Control the Privileges of an Independent Audit Committee

As his parting shot, Judge Carey requires turnover of almost everything in the files of professionals for an independent audit committee.

3rd Circuit, Delaware

July 02, 2019

Overpaying a DSO Doesn’t Result in a Nondischargeable Debt, Seventh Circuit Holds

On an issue dividing the courts, the Seventh Circuit rules that an obligation to repay a domestic support obligation is a dischargeable debt, not a nondischargeable DSO.

7th Circuit