May 01, 2023
Judge Goldblatt of Delaware wrote an opinion where the answer was self-evident but there was no authority on point.
3rd Circuit, Delaware
April 26, 2023
It appears as though the Supreme Court will decide Lac du Flambeau based entirely on textual analysis of Section 106(a), which does not explicitly abrogate sovereign immunity as to Native American tribes.
Supreme Court
April 25, 2023
Damages for a constructively fraudulent transfer were the difference between what the buyer paid and what the business was really worth, based on accurate income and expenses.
2nd Circuit, New York, New York Eastern District
April 19, 2023
The Supreme Court’s MOAC decision contains language casting doubt on the validity of the doctrine of equitable mootness.
Supreme Court
April 18, 2023
Although the automatic stay does not require turning over property garnished before bankruptcy, a creditor may not continue garnishing property after filing, Judge Burgess says.
11th Circuit, Florida, Florida Middle District
April 14, 2023
A terse Second Circuit order seems to mean that a stay of a confirmation order pending appeal granted in district court can’t be appealed to the circuit, at least when the appeal is being expedited.
2nd Circuit
April 12, 2023
Chicago’s Judge Cleary didn’t compel arbitration of an affirmative counterclaim by the debtor against the creditor that would be determined in the course of passing on the allowance of the creditor’s proof of claim.
7th Circuit, Illinois, Illinois Northern District
April 10, 2023
Fourth Circuit opinion shows how abstention is a powerful tool that insulates an erroneous decision from appellate review.
4th Circuit
April 06, 2023
Peculiar circumstance compelled a Delaware judge to depart from his usual approval of ‘opt-out’ plans that grant non-debtor releases.
3rd Circuit, Delaware
