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April 04, 2018

Supreme Court’s Second ‘Safe Harbor’ Case Is in Limbo
Two justices recommend that the Second Circuit reconsider the ‘Tribune’ safe harbor decision in light of Merit Management.
Supreme Court

April 02, 2018

Fifth Circuit Adopts Flexible Timing for Section 1111(b) Cramdown Valuation
Fifth Circuit refuses to adopt chapter 13 valuation timing to chapter 11 cramdowns.
5th Circuit

March 30, 2018

District Court Endorses Opt-Out to Confirm Substantive Consolidation Plans
Augie/Restivo problems are avoided by including opt-out provisions in a substantive consolidation chapter 11 plan.
2nd Circuit, New York, New York Southern District

March 26, 2018

Seventh Circuit Allows Anticipated Tax Refunds to Be Offset by Expenses in Chapter 13
On direct appeal, Seventh Circuit upholds Bankruptcy Judge Thorne by allowing chapter 13 debtors to retain anticipated refunds from earned income tax credits.
7th Circuit

March 05, 2018

Which Court Has a Better Claim to Jurisdiction in Successive Bankruptcies?
Yet another example of how hard cases make bad law.
2nd Circuit, New York, New York Eastern District
Supreme Court Says Insider Status Is Reviewed for Clear Error Under Existing Test
Some justices are critical of the existing test for ruling on non-statutory insider status.
Supreme Court

February 21, 2018

Plan Confirmation Cuts Off Adverse Claims to Ownership of Debtor’s Property
Res judicata is flexibly applied again to bankruptcy cases.
2nd Circuit, New York, New York Southern District

February 16, 2018

A Trademark License Rejection Case May End Up in the Supreme Court
A case on the ability of state law to take property out of the estate after filing may not go to the Supreme Court.
Supreme Court

February 12, 2018

Rejecting a Contract Precludes a Suit for Post-Petition Breach
Opinion ostensibly leaves a debtor without recourse for a supplier’s post-petition breach occurring before rejection.
5th Circuit

February 08, 2018

Ninth Circuit Holds that One Accepting Class in Joint Plan Is Sufficient
A secured creditor making the 1111(b) election is not automatically entitled to a due-on-sale clause paying the claim in full if the property is sold after confirmation.
9th Circuit