Skip to main content
image

July 05, 2019

New York Judge Refuses to Waive Collateralization for Debtors’ Bank Accounts
In a large ‘prepack,’ the debtor was required to spend $80,000 a month for its depository bank to obtain a bond required by Section 345(b).
2nd Circuit, New York, New York Southern District

July 03, 2019

The Debtor or Trustee Control the Privileges of an Independent Audit Committee
As his parting shot, Judge Carey requires turnover of almost everything in the files of professionals for an independent audit committee.
3rd Circuit, Delaware

July 02, 2019

Third Circuit Expands the Flexible Notion of ‘Finality’ on Bankruptcy Appeals
The Third Circuit’s new opinion on ‘finality’ will be cast in doubt depending on how the Supreme Court rules in Ritzen.
3rd Circuit

June 28, 2019

Second Circuit Opinion Raises Questions Left Open by Taggart v. Lorenzen
If a lower court buys an argument that’s clearly wrong, is the argument nonetheless ‘objectively reasonable?’ And does Taggart apply to an automatic stay violation?
2nd Circuit

June 27, 2019

For Petitions the Clients Had Not Seen or Signed, Lawyer Recommended for Disbarment
Judge Olson refers a lawyer for civil and criminal investigations after uncovering dozens of unauthorized filings.

June 26, 2019

First Circuit Nixes Another Attempt at Unraveling Puerto Rico’s Debt Arrangement
The logical court to challenge the constitutionality of PROMESA isn’t the PROMESA court itself.
1st Circuit

June 24, 2019

Failure to Appeal Confirmation Bars Claims to Estate Property, Fifth Circuit Holds
A plan’s declaration that disputed property belongs to the debtor’s estate must be challenged before confirmation becomes final.
5th Circuit

June 21, 2019

Seventh Circuit Solidifies a Circuit Split on the Automatic Stay
Disagreeing with the Tenth and D.C. Circuits and siding with four other circuits, the Seventh Circuit rules that passively holding estate property violates the automatic stay.
7th Circuit

June 20, 2019

Receiver’s Settlement Powers Aren’t Greater than a Bankruptcy Trustee’s, Circuit Says
Fifth Circuit overturns a settlement that barred officers and directors from accessing insurance policies.
5th Circuit

June 19, 2019

Rule 2004 Discovery Barred for Use in Litigation Outside Bankruptcy Court
Judge Sean Lane publishes an opinion to nip an improper discovery tactic in the bud.
2nd Circuit, New York, New York Southern District