October 17, 2018

New York and Delaware Agree: Releases Are Constitutionally Ok in Confirmation Orders

Chief District Judge in New York rules that ‘core’ jurisdiction includes non-consensual, third-party releases in confirmation orders.

2nd Circuit, New York, New York Southern District

October 10, 2018

Retention of Voluntary Post-Petition Payment Doesn’t Violate the Automatic Stay

A creditor was allowed to keep a voluntary, post-petition payment on a pre-petition debt that the debtor made with non-estate property.

11th Circuit, Georgia, Georgia Southern District

October 02, 2018

Status Report on the Supreme Court

Already primed to rule on nonjudicial foreclosure, the Supreme Court might take cases involving contempt, the automatic stay and trademarks.

Supreme Court

September 27, 2018

Section 363(m) Won’t Protect a Buyer with Detailed Knowledge of an Adverse Claim

A bankruptcy judge’s finding regarding status as a good faith purchaser is not the final word on appeal.

2nd Circuit, New York, New York Southern District

September 26, 2018

Class Settlements After Confirmation Require Rule 23 Class Certification

Judge Glenn in Manhattan straightens up some of the mess created when GM didn’t disclose ignition switch defects before confirmation.

2nd Circuit, New York, New York Southern District

September 25, 2018

District Court Finds Constitutional Power to Grant Releases in Confirmation Orders

Delaware district judge rules that the bankruptcy court has final adjudicatory power to include third-party releases in confirmation orders.

3rd Circuit, Delaware

September 17, 2018

Class Proofs of Claim Allowed When the Bar Notice Drew Few Individual Claims

Constitutionally sufficient notice of a bar date may not preclude the use of a class proof of claim under Bankruptcy Rule 7023, Judge Hale says.

5th Circuit, Texas, Texas Northern District

September 11, 2018

Raising a Circuit Split, Ninth Circuit’s Taggart Opinion Heads for a ‘Cert’ Petition

BAP opinion shows that contempt is virtually impossible to prove in the Ninth Circuit following Taggart.

9th Circuit

September 04, 2018

Circuits Split on Sovereign Immunity and Emotional Distress Damages for a Stay Violation

Ninth Circuit splits with the First on the interpretation of Section 106(a).

9th Circuit

August 30, 2018

Fifth Amendment Can Be an Almost Complete Bar to a Rule 2004 Production

Required records and authenticated documents already known to exist are not protected from production by the privilege against self-incrimination.

5th Circuit, Texas, Texas Western District