October 02, 2017

Constructive Eviction Is Ok to Protect Estate Property, Even Without a Court Order

Third Circuit gives immunity to a trustee for unilateral action protecting estate property.

3rd Circuit

September 29, 2017

No New Bankruptcy Cases Have Been Added to Supreme Court Docket — Not Yet, at Least

Several cases are in the running for Supreme Court review this term or next.

Supreme Court

September 28, 2017

Circuit Split on Wage Garnishments Underpins a Certiorari Petition

Certiorari petition asks Supreme Court to narrow Local Loan and Barnhill.

Supreme Court

September 27, 2017

Seventh Circuit Opines on Method for Calculating ‘New Value’ Defense

Average daily sales suffice to show the date when new value was advanced.

7th Circuit

September 26, 2017

First Circuit Widens a Circuit Split on a Committee’s Intervention Rights

Allowing intervention as of right, First Circuit repudiates its own prior authority as ‘pure dicta.’

1st Circuit

September 20, 2017

En Banc, Eleventh Circuit Narrows Applicability of Judicial Estoppel in Bankruptcy

Eleventh Circuit inveighs against harming innocent creditors by invoking judicial estoppel.

11th Circuit

September 14, 2017

Third-Party Releases Approved Without Awaiting the Outcome of Merit Management

Third-party releases would have been approved even if there were no ‘safe harbor’ defense.

3rd Circuit, Pennsylvania, Pennsylvania Western District

September 12, 2017

Emotional Distress Damages Awarded for Civil Contempt on Automatic Stay Violation

Philadelphia judge socks the city’s parking authority for impounding a debtor’s car twice.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

September 11, 2017

Receivership May Not Preclude a Board’s Ability to File Bankruptcy

A receiver who is not ‘disinterested’ can justify putting a company in bankruptcy.

3rd Circuit, Pennsylvania, Pennsylvania Western District

September 06, 2017

Courts Can’t Sanction Debt Collectors for Filing Stale Claims after Midland Funding

The Code or rules must change to bar debt collectors from filing stale claims, Judge Dow says.

8th Circuit, Missouri, Missouri Western District