November 15, 2017

New GM Ignition Switch Suits Can Proceed in State Court, District Judge Says

The circuit court’s resolution of the bankruptcy law question prevents New GM from removing new suits to federal court.

2nd Circuit, New York, New York Southern District

November 10, 2017

No Punitive Damages Under Delaware Law to Remedy a Fraudulent Transfer

Choice of law isn’t an affirmative defense that can be waived, Judge Gross says.

3rd Circuit, Delaware

November 08, 2017

Fraudulent Transfer Claims Aren’t Capped by Creditors’ Losses

Delaware’s Judge Gross pens another controversial opinion in PAH Litigation Trust.

3rd Circuit, Delaware

November 07, 2017

Supreme Court Primed to Hold Safe Harbor Inapplicable if Bank Is a ‘Mere Conduit’

Justices search for a ruling that limits Section 546(e) but isn’t too broad.

Supreme Court

October 31, 2017

Fifth Circuit Insulates Ds&Os for Authorizing Prebankruptcy Dividends and Bonuses

To avoid dismissal, a complaint must allege each officer’s acts that breached fiduciary duty.

5th Circuit

October 25, 2017

Section 1326(a)(2) Overrides a Levy Under State Law

On dismissal before chapter 13 confirmation, the debtor gets undistributed funds, not a creditor with a valid state court levy.

4th Circuit, Virginia

October 24, 2017

Eleventh Circuit Approves Anti-Suit Injunction Protecting Non-Settling Defendant

Millennium-like third-party releases were approved without reaching constitutional issues.

11th Circuit

October 19, 2017

Using a U.S. Bank Precludes a Foreigner from Winning Dismissal Based on Comity

Stay violation and turnover suits held proper extraterritorial application of U.S. law.

2nd Circuit, New York, New York Southern District

October 16, 2017

Fraudulent Transfer Defendant Can’t Waive a Trustee’s Right to a Jury Trial

Filing a proof of claim would have precluded a jury trial in a fraudulent transfer suit.

11th Circuit, Florida, Florida Southern District

October 10, 2017

In a Circuit Split, Ninth Circuit Tags Innocent Sellers with Fraudulent Transfer Liability

Split decision refuses to invoke ‘equity’ to override a policy choice made by Congress.

9th Circuit