March 15, 2017

Wages Garnished Before Bankruptcy Are Voidable Preferences, Circuit Rules

Test case on preferences deepens a circuit split and lays the groundwork for certiorari.

5th Circuit

March 10, 2017

Florida Judge Plunges into the Split on Enforcing Arbitration Agreements

Debtor must arbitrate a violation of the discharge injunction.

March 09, 2017

Preference Analysis Permits ‘Hypothetical-Within-a-Hypothetical’ on Chapter 7 Recovery

Ninth Circuit majority goes for a difficult issue when an easier answer was available.

9th Circuit

March 08, 2017

Notice to Admit Laid Basis for Collateral Estoppel When Consent Judgment Didn’t Qualify

Consenting to judgment failed to avoid imposition of collateral estoppel on dischargeability.

6th Circuit

March 01, 2017

Circuit Split Widens on Stay Violation for Failure to Turn Over Repossessed Collateral

Tenth Circuit joins the minority by holding that passive retention of collateral is no stay violation.

10th Circuit

February 28, 2017

Judgments for Malice in California Aren’t Nondischargeable Automatically

Ninth Circuit again shows deference to the BAP in making the circuit’s bankruptcy law.

9th Circuit

February 24, 2017

Secured Creditors Need Not File Claims in Federal Receiverships, Circuit Holds

Opinion overlooks administrative problems when secured creditors don’t file claims.

11th Circuit

February 23, 2017

Loan Agreement Gives U.S. Court Jurisdiction over Foreign Bank Lender

Few U.S. connections required for ‘specific jurisdiction’ over a foreign lender.

2nd Circuit, New York, New York Southern District

For Insufficient Notice, a Recorded Right of First Refusal Survived a Sale

Constructive notice deprived a purchaser of ‘bona fide’ status.

7th Circuit, Wisconsin, Wisconsin Eastern District

February 22, 2017

Odds Decline that Supreme Court Will Review Second Circuit Opinion in GM Bankruptcy

Claimants say GM misstep was a ‘black swan’ event not worthy of Supreme Court review.

Supreme Court