April 20, 2018
Fully Encumbered Property Is Not a Debtor’s Asset, First Circuit Says
Perplexing opinion may only apply to the status of assets before bankruptcy.
1st CircuitApril 19, 2018
Interest at the State Rate Applies to Pre-Petition Judgments Found Nondischargeable
The rate of post-judgment interest on a nondischargeable debt depends on whether there was a judgment before or after filing, the Ninth Circuit BAP says.
9th CircuitApril 12, 2018
Tribune Creditors Seek Reconsideration on Implied Preemption by the ‘Safe Harbor’
Following a suggestion made by two Supreme Court justices, Tribune creditors ask the Second Circuit to recall the mandate and remand for reconsideration in district court.
Supreme CourtApril 04, 2018
Supreme Court’s Second ‘Safe Harbor’ Case Is in Limbo
Two justices recommend that the Second Circuit reconsider the ‘Tribune’ safe harbor decision in light of Merit Management.
Supreme CourtMarch 29, 2018
State Law, Not Filing Date, Governs Distributions to Co-Owners, Fifth Circuit Says
The distributive share to co-owners is not fixed as of the filing date under Section 363(j).
5th CircuitMarch 28, 2018
Madoff Opinions Ease Pleading Requirements in Suits Against Subsequent Transferees
Bankruptcy Judge Vyskocil holds that alter ego need not be alleged to recover from a corporation’s sole shareholder as the beneficiary of a fraudulent transfer.
2nd Circuit, New York, New York Southern DistrictMarch 27, 2018
Rule 3001(c)(2)(D) Sanction Was 16 Times the Amount in Controversy
Innocent mistake turns into a $6,000 sanction for ‘willful failure to cooperate.’
10th Circuit, KansasMarch 21, 2018
Federal Common Law of Constructive Trust Works When State Law Won’t
Delaware judge shows sympathy for a creditor being stiffed by the debtor.
3rd Circuit, DelawareMarch 20, 2018
Flip Clauses in Swaps Held Enforceable by District Judge in New York
For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.
2nd Circuit, New York, New York Southern DistrictMarch 13, 2018
Unlicensed Debt Collectors May File Proof of Claim Despite State Law
Midland Funding expanded to allow unlicensed debt collectors to file claims.
4th Circuit, Maryland