August 02, 2016

Section 303(a) Precludes Substantive Consolidation Among Religious Institutions

Pleading hierarchical control is insufficient for substantive consolidation.

8th Circuit, Minnesota

August 01, 2016

New York District Judge Lays Down Lenient Standard for Imputing Fraudulent Intent

Former Bankruptcy Judge Gerber reversed in Lyondell for being too strict, then for being too lenient.

2nd Circuit, New York, New York Southern District

July 29, 2016

Circuits Split on Invoking Safe Harbor Whenever a Bank Serves as Conduit

Seventh Circuit won’t immunize an LBO from fraudulent transfer just by using a bank conduit.

7th Circuit

July 29, 2016

California Supreme Court Will Finally Rule on ‘Unfinished Business’ Doctrine

Ninth Circuit certifies question that has bedeviled lawyers leaving failing firms.

9th Circuit

July 25, 2016

Rooker-Feldman Is No Bar to Overruling a State Court on the Automatic Stay

Despite concurrent jurisdiction, courts are split on Rooker-Feldman and the stay.

11th Circuit

July 22, 2016

Preference Rules Are the Same When Two Bankruptcies Collide

The Dreier Ponzi scheme, like Madoff, makes law on claims of defrauded creditors.

2nd Circuit

July 20, 2016

Two New York Judges Disagree on Anti-Ipso Facto Law and Lehman Flip Clauses

Judge Chapman rejects former Judge Peck’s opinion invalidating flip clauses in swaps.

2nd Circuit

July 19, 2016

Six Year Delay in Serving a Complaint Is Ok, GM’s Bankruptcy Judge Rules

GM case will decide applicability of ‘safe harbor’ to interest payments on debt securities.

2nd Circuit

July 19, 2016

Class Claims Not Categorically Barred in Bankruptcy, Delaware Judge Rules

Failure to notice all class members was pivotal in permitting a class proof of claim.

3rd Circuit

July 18, 2016

An Allowed Claim Doesn’t Bar an FDCPA Suit from Attacking the Same Debt

Georgia district judge confronts creditors who file claims based on stale debts.

11th Circuit, Georgia, Georgia Southern District