April 25, 2019
Supreme Court Hears Argument on Good Faith as Defense to Discharge Violation
In Taggart v. Lorenzen, the justices sounded largely noncommittal, except for the Chief Justice, who seemed in the debtor’s camp favoring a stricter standard for contempt of the discharge injunction.
Supreme CourtApril 05, 2019
Final Orders Allowed in Preference Suits Against Defendants Who Didn’t File Claims
Following dicta in Bellingham, Judge Collins finds no power to enter a final order in a fraudulent transfer suit against a defendant who did not consent.
9th Circuit, ArizonaMarch 29, 2019
Puerto Rico Bondholders Can’t Compel Payment During Bankruptcy, First Circuit Says
First Circuit interprets chapter 9 and PROMESA to permit but not compel payments to special revenue bondholders during debt arrangement proceedings.
1st CircuitMarch 28, 2019
Circuit Upholds Dismissal of Suits to Restrict Puerto Rico’s Use of Tax Revenue
First Circuit bars use of declaratory judgments restricting Puerto Rico’s use of tax revenues.
1st CircuitMarch 22, 2019
After 12 Losses, Will Madoff Customers Stop Pursuing Claims Belonging to the Estate?
New York district judge is the most recent court to uphold an injunction implementing a $7.2 billion Madoff settlement.
2nd Circuit, New York, New York Southern DistrictMarch 20, 2019
Nonjudicial Foreclosure Is Not Subject to the FDCPA, Supreme Court Rules
Supreme Court says that activities not required by state law in nonjudicial foreclosure may be covered by the FDCPA.
Supreme CourtMarch 15, 2019
Reading Stern Narrowly, Delaware Judge to Issue Final Order in Fraudulent Transfer Suit
Judge Sontchi declines to rule that 28 U.S.C. § 157 is unconstitutional by denominating fraudulent transfer suits as ‘core’ proceedings.
3rd Circuit, DelawareMarch 14, 2019
Adversary Proceeding to Enjoin FERC Remains in Bankruptcy Court
District judge won’t withdraw the reference when PG&E rejects power purchase agreements.
9th Circuit, California, California Northern DistrictMarch 07, 2019
Defectively Executed Mortgages Are [Still] Avoidable in Ohio
Sixth Circuit distinguishes between a trustee’s powers as a bona fide purchaser compared to a hypothetical judicial lienholder.
6th CircuitMarch 06, 2019
A Creditor Must Tell a Non-Bankruptcy Court to Stop Violating the Stay
A creditor must attempt to stop a state court from violating the stay, the Sixth Circuit BAP holds.
6th Circuit