December 15, 2017

BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender

‘Stay and pay’ may not be permissible, but the remedies can be toothless.

6th Circuit, Michigan, Michigan Eastern District

July 17, 2017

Ninth Circuit Joins Minority in Allowing Sales Free & Clear of Leases

Adequate protection is a ‘powerful check’ on selling real estate free of leases, circuit says.

9th Circuit

June 12, 2017

Narrow Ipso Facto Clauses Can Be Unenforceable

Code provisions voiding ipso facto clauses are interpreted broadly.

6th Circuit, Michigan, Michigan Eastern District

March 22, 2017

Oil & Gas Gathering Agreements Can Be Rejected as Executory Contracts

Pipeline companies strike out again in New York on Texas law question.

2nd Circuit, New York, New York Southern District

March 16, 2017

False Claims Suits by Governments Are Not Halted by Bankruptcy

Bankruptcy court held to lack exclusive jurisdiction over exceptions to the automatic stay.

6th Circuit, Tennessee, Tennessee Middle District

February 08, 2017

Terminating a Contract Is a Transfer of an Asset — Sometimes

Judge Higginbotham has been busy writing important opinions.

5th Circuit

November 28, 2016

Insurance Companies Have Fewer Protections than Landlords and Aircraft Lessors

Absent special-interest legislation for bankruptcies, insurance companies remain in limbo.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

November 07, 2016

Disallowing a Claim Worth $300 Saddled Creditor with $14,400 in Attorneys’ Fees

California’s fee-shifting law punishes an auto lender for filing a claim that was disallowed.

9th Circuit

September 23, 2016

New York Judge Rejects Ninth Circuit’s Ybarra Doctrine that Revives Discharged Claims

Ninth Circuit decision based on policy, not statutory language, is wrong, S.D.N.Y. judge says.

2nd Circuit, New York, New York Southern District

July 26, 2016

Forward Contract Merchant Waived Ipso Facto Right to Terminate

Judge avoids tough decision on who is a ‘forward contract merchant.’

5th Circuit, Louisiana, Louisiana Western District