May 10, 2017

Split Brewing on Trustee’s Ability to Use the IRS’ Longer Statute of Limitations

Florida and Idaho Judges Disagree with Fifth Circuit and a New Mexico Judge.

9th Circuit, Idaho

May 01, 2017

Supreme Court to Decide Whether Using a ‘Mere Conduit’ Invokes the 546(e) ‘Safe Harbor’

Justices to rule on a narrow issue regarding the ‘safe harbor’ and leveraged buyouts.

Supreme Court

April 28, 2017

Justice Gorsuch May Be the Deciding Fourth Vote on Certiorari in Tribune

The ‘safe harbor’ protecting sellers in LBOs comes to the Supreme Court again.

Supreme Court

April 27, 2017

Bankruptcy Judge Has No Power to ‘Unrefer’ a Suit to District Court

Another New York judge refuses to send a case to Delaware.

2nd Circuit, New York, New York Southern District

April 22, 2017

Enforcement of an Existing Injunction Is Not ‘Final’ and Thus Not Appealable

Tronox spans more law, this time on finality regarding injunctions.

2nd Circuit

April 20, 2017

Fees to Recover Sanctions Are Permitted under 28 U.S.C. § 1927

Lawyers can be nailed for misconduct under Section 1927, but not their clients.

9th Circuit

April 19, 2017

Consumers Have an Uphill Fight to Avoid a Second Supreme Court Defeat on the FDCPA

Statutory interpretation dominates argument on the term’s second FDCPA case.

Supreme Court

April 19, 2017

Supreme Court to Consider Hearing Two Bankruptcy Cases on April 21

High court may decide whether the ‘safe harbor’ completely preempts state fraudulent transfer laws with regard to LBOs of bankrupt companies.

Supreme Court

April 18, 2017

Second Circuit Limits Res Judicata Effect of Prior Bankruptcy Proceedings

Appeals court was reluctant to let lawyers off the hook for allegedly unethical conduct.

2nd Circuit

April 12, 2017

Willful Stay Violation Can Justify Damages for Emotional Distress, Third Circuit Says

For an ‘egregious’ stay violation, medical evidence of emotional distress is not required.

3rd Circuit