April 06, 2016

Power of Substantive Consolidation Survives Law v. Siegel

Supreme Court authority is read narrowly to preserve traditional equity powers.

9th Circuit

April 05, 2016

Courts Split on Allowing Creditors to Sue on Claims Covered by D&O Policy

Insured vs. insured exclusion bars suit by creditors, but not by chapter 11 trustee.

6th Circuit, Michigan, Michigan Western District

April 04, 2016

Using Correspondent U.S. Bank Can Result in Personal Jurisdiction in U.S. Courts

Fleeting passage of money through the U.S. can bestow jurisdiction on U.S. courts.

2nd Circuit, New York, New York Southern District

March 29, 2016

BAPs Lack Jurisdiction to Issue Mandamus Writs, Ninth Circuit Majority Holds

BAPs weren’t created by Congress, Ninth Circuit holds over vigorous dissent.

9th Circuit

March 28, 2016

Second Circuit Closes Loopholes in ‘Safe Harbor’ to Protect Selling LBO Shareholders

Creditors, not just trustees, are barred from suing by Section 546(e).

2nd Circuit

March 25, 2016

Seventh Circuit Tells Lower Courts to Duck State Law Foreclosure Issues

State courts should rule on state law issues, says circuit panel including Richard Posner.

7th Circuit

March 22, 2016

Fraud Isn’t the Only Ground for Revoking Chapter 13 Confirmation

Court in the Ninth Circuit takes more flexible approach to revoking confirmation.

9th Circuit, Oregon

March 18, 2016

Rule 9(b) Fraud Pleading Standards Don’t Apply to an FDCPA Complaint

Willfulness is not required by the FDCPA when pleading an automatic stay violation.

7th Circuit, Illinois, Illinois Southern District

Judge Writes a Treatise on Provisional Overdrafts and Preferences

No debt, and thus no preference, arises until after the midnight deadline.

8th Circuit, Iowa, Iowa Northern District

March 17, 2016

Madoff Investor’s Suspicion of Fraud Does Not Generate Greater Liability

The right paper trail helps avoid liability for profiting from a Ponzi scheme.

2nd Circuit, New York, New York Southern District