June 28, 2016

Cover Sheet Is No Substitute for Filing a Complaint

Kansas judge strictly enforces rules on filing dischargeability complaints.

10th Circuit, Kansas

Supreme Court Will Review Jevic to Rule on Structured Dismissals and Gift Plans

Having avoided chapter 11 cases, the high court will tackle a major reorganization issue.

June 27, 2016

Seventh Circuit Requires Chapter 13 Payments Beyond Five Years

Appeals court narrowly reads Bullard on finality.

7th Circuit

June 24, 2016

A Claim Not Existing ‘But For’ Bankruptcy Lacks ‘Arising In’ Bankruptcy Jurisdiction

Bankruptcy jurisdiction narrowly construed to bar suits between nondebtors.

2nd Circuit, New York, New York Southern District

June 20, 2016

Disallowance of Nondischargeable Debt Does Not Bar Later Collection, B.A.P. Says

Eighth Circuit B.A.P. majority allows collection of disallowed priority claims.

8th Circuit

Courts Trending Toward Motion Date to Begin Adequate Protection Payments

Courts employ three dates for commencement of adequate protection payments.

10th Circuit, New Mexico

June 17, 2016

New York District Judges Disagree on Arbitrating Violations of the Discharge Injunction

Important bankruptcy class action cases heading for the Second Circuit.

2nd Circuit, New York, New York Southern District

Sixth Circuit Joins the Split on Whether Bankruptcy Courts Are ‘Courts of the U.S.’

The Supreme Court may have a new case to elevate or diminish the status of bankruptcy courts.

6th Circuit

June 10, 2016

Bankruptcy Judge Sidesteps State Prohibition Against Ponzi Scheme Presumptions

Judge resuscitates Petters suits to recover fictitious profits paid in a Ponzi scheme.

8th Circuit, Minnesota

June 09, 2016

Substantive Consolidation Does Not Supply Actual Creditor for 544(b) Suit

Petters bankruptcy spawns another monumental Ponzi scheme opinion.

8th Circuit, Minnesota