June 22, 2017

Split Sixth Circuit Bars Litigation Trustees from Suing on D&O Policies

Dissent proclaims a split of circuits and says the debtor and DIP are distinct entities.

6th Circuit

June 20, 2017

Seventh Circuit Requires Stern Consent from Unserved Defendants in Non-Core Suits

Seventh Circuit complicates life for bankruptcy judges in deciding a case involving magistrates.

7th Circuit

June 19, 2017

Eighth Circuit Touches All the Bases on Preferences from Covering Bank Overdrafts

‘Ordinary course’ defense failed when overdrafts spiked during the preference period.

8th Circuit

June 16, 2017

Discharge Revocation Deadline is NOT Jurisdictional, Ninth Circuit Holds

Ninth Circuit is hesitant to make bankruptcy time deadlines jurisdictional.

9th Circuit

June 15, 2017

Bankruptcy Settlement Provided No Protection from Criminal Forfeiture

Criminal forfeiture and bankruptcy protect different interests, district judge says.

8th Circuit, Minnesota

June 14, 2017

Cryptic Disclosure of Fee Sharing Is Inadequate, Judge Houser Holds

Terms of fee sharing must be disclosed in the retention application, not just in an exhibit.

5th Circuit, Texas, Texas Northern District

June 13, 2017

Judgment Void for Violating Discharge Doesn’t Qualify for Rooker-Feldman Protection

Kansas judge differs with a non-precedential Tenth Circuit opinion on Rooker-Feldman.

10th Circuit, Kansas

June 12, 2017

Narrow Ipso Facto Clauses Can Be Unenforceable

Code provisions voiding ipso facto clauses are interpreted broadly.

6th Circuit, Michigan, Michigan Eastern District

June 12, 2017

A Debt Purchaser Is Not a ‘Debt Collector’ Regulated by the FDCPA, Supreme Court Holds

Justice Gorsuch’s maiden opinion is a unanimous decision favoring debt purchasers.

Supreme Court

June 08, 2017

Third Circuit Harmonizes Law v. Siegel with Marrama

Marrama permits relief that’s not explicitly prohibited by the Code, even if policies shown in the statute suggest otherwise.

3rd Circuit