March 09, 2018

Second Circuit Bars Arbitration in a Class Action for Violating the Discharge Injunction

New case seems inconsistent with Second Circuit’s prior opinion compelling arbitration over an automatic stay violation.

2nd Circuit

March 07, 2018

California Supreme Court Kills the Jewel Doctrine on a Certified Question

Jewel has now been formally rejected in New York and California. Washington, D.C. is next.

9th Circuit, California

March 06, 2018

Kentucky Judge Refuses to Approve a ‘No Seal, No Deal’ Settlement

The parties’ wishes are insufficient to justify sealing.

6th Circuit, Kentucky, Kentucky Eastern District

March 05, 2018

Which Court Has a Better Claim to Jurisdiction in Successive Bankruptcies?

Yet another example of how hard cases make bad law.

2nd Circuit, New York, New York Eastern District

February 27, 2018

Supreme Court Narrowly Interprets the Safe Harbor, Overrules the Majority of Circuits

Intermediate transfers to financial institutions do not trigger the safe harbor.

Supreme Court

February 23, 2018

Solvency May or May Not Result in Dismissal

The Fourth Circuit and a Delaware bankruptcy judge reach opposite conclusions on motions to dismiss petitions by solvent debtors.

4th Circuit

February 21, 2018

Plan Confirmation Cuts Off Adverse Claims to Ownership of Debtor’s Property

Res judicata is flexibly applied again to bankruptcy cases.

2nd Circuit, New York, New York Southern District

February 20, 2018

Arresting the Debtor During Mediation Is a Very Big No-No

How to ruin a good case: have your adversary arrested during mediation.

9th Circuit, California, California Central District

February 16, 2018

A Trademark License Rejection Case May End Up in the Supreme Court

A case on the ability of state law to take property out of the estate after filing may not go to the Supreme Court.

Supreme Court

February 09, 2018

Section 108(a) Time Extension Held Not Applicable to Chapter 13 Debtors

Courts split on whether Section 108(a) extension of statutes of limitations applies to chapter 13 debtors.

1st Circuit, New Hampshire