February 22, 2017

Suit for Injunction Held Not to Violate PROMESA, Puerto Rico’s Workout Statute

Automatic stay not violated without an attempt to collect a claim, Puerto Rico Judge holds.

1st Circuit, Puerto Rico

February 15, 2017

Debtor’s Consent Judgment Doesn’t Result in Automatically Allowed Claim

Clever strategy failed to limit a debtor’s personal liability.

8th Circuit, Missouri, Missouri Western District

February 14, 2017

Action by Three Courts Required to Settle an Appeal in the Circuit Court

Bankruptcy court approval isn’t enough to settle an appeal in the circuit court.

7th Circuit

Barton Arises Unexpectedly to Bar a Routine Motion to Reopen

Trend continues in broadly interpreting Barton v. Barbour.

10th Circuit, Kansas

February 10, 2017

Sixth Circuit Pens Major Decision on Duty to Investigate Suspicions of Fraud

Madoff and Sixth Circuit have differing formulations about the ‘good faith’ defense for a recipient of a fraudulent transfer.

6th Circuit

February 08, 2017

Terminating a Contract Is a Transfer of an Asset — Sometimes

Judge Higginbotham has been busy writing important opinions.

5th Circuit

February 06, 2017

Appeals Brewing on Breadth of the Barton Doctrine in the Second Circuit

Will the Second Circuit follow the Ninth with a broad reading of Barton v. Barbour?

2nd Circuit, New York, New York Southern District

February 03, 2017

Fifth Circuit Concurrence Advocates Voiding Arbitration Agreements Involving Fraud

Circuit Judge Higginbotham sees arbitration as an instrument of fraud.

5th Circuit

January 31, 2017

A Proper Foreclosure Sale Can Never Be a Preference, Judge Holds

Despite gaining more than through chapter 7, purchasing at foreclosure is no preference.

3rd Circuit, Pennsylvania, Pennsylvania Western District

January 27, 2017

Clever Pleading Won’t Allow Individual Creditors to Sue, Madoff District Judge Says

Decision draws the line between common claims and those particular to individual creditors.

2nd Circuit, New York, New York Southern District