September 17, 2019
Second Circuit Explains when Default Judgments Qualify for Issue Preclusion
Discovery abuse in a prior lawsuit can result in nondischargeability in a later bankruptcy.
2nd CircuitSeptember 11, 2019
Non-Debtor’s Creditors Must Have Notice of Substantive Consolidation, Circuit Says
Equitable nature of substantive consolidation requires notice to creditors of non-debtors who might be affected.
9th CircuitSeptember 10, 2019
Immediately Withdrawing the Reference Is ‘Absurd,’ District Judge Says
Defendants in lawsuits by Lehman Brothers are stuck in bankruptcy court until the cases are ready for a jury trial.
2nd Circuit, New York, New York Southern DistrictSeptember 09, 2019
Ninth Circuit Sides with the FDIC over Ownership of Tax Refunds
An appeal in the Ninth Circuit did not reach the issue to be decided by the Supreme Court in <em>Rodriguez</em>.
9th CircuitSeptember 06, 2019
May a Trustee Recover Proceeds from Fraudulently Transferred Property?
Courts disagree on whether a trustee may recover proceeds of a fraudulent transfer from a later transferee, not only the fraudulently transferred property itself.
10th Circuit, KansasAugust 30, 2019
Taggart’s Effect Evident in Eleventh Circuit Ruling on Discharge Violation
An action that could violate the FDCPA may not be a violation of the discharge injunction.
11th CircuitAugust 29, 2019
‘Related To’ Jurisdiction Is Measured When the Suit Is Filed, Not Later, Circuit Says
Even though subject matter jurisdiction persists when there is no longer an effect on the estate, the court may exercise discretion to dismiss, the Fifth Circuit says.
5th CircuitAugust 26, 2019
Absolute Priority Doesn’t Require an Individual Debtor to Pay for Exempt Property
BAP holds that an individual in chapter 11 isn’t required to contribute new value to retain exempt property.
9th CircuitAugust 22, 2019
Homestead Exemption Upheld on a House Neither Taxed nor Zoned for Residential Use
Occupancy and intent to be a permanent residence are all that’s needed for a homestead exemption, even if the house violates local ordinances.
11th CircuitAugust 21, 2019
Chapter 7 Debtor’s Counsel Permitted to Defend Creditors in Avoidance Suits
Bankruptcy Judge Carol A. Doyle parses the limited duties of a chapter 7 debtor to the estate.