March 27, 2019

Ninth Circuit Lays Down Additional Pleading Requirements for FCRA Complaints

Curiously, a Ninth Circuit panel imposed significant pleading requirements for FCRA complaints but only issued a nonprecedential opinion.

9th Circuit

March 26, 2019

‘Deemed Allowed’ Claims Can Be Binding in Subsequent Litigation, Circuit Says

A failure to distinguish between res judicata and collateral estoppel turned out to be costly.

6th Circuit

March 22, 2019

After 12 Losses, Will Madoff Customers Stop Pursuing Claims Belonging to the Estate?

New York district judge is the most recent court to uphold an injunction implementing a $7.2 billion Madoff settlement.

2nd Circuit, New York, New York Southern District

March 19, 2019

The Rule 3001(f) Presumption of Claim Validity Doesn’t Include the Value of Collateral

California judge differs with the Third Circuit regarding the presumption of collateral value flowing from a lender’s proof of secured claim.

9th Circuit, California, California Eastern District

March 18, 2019

Seventh Circuit Bars Chapter 13 Plan from Conferring Immunity from Traffic Tickets

Judge Easterbrook pens another gem. Even if you don’t like the result, you gotta like the language.

7th Circuit

March 15, 2019

Reading Stern Narrowly, Delaware Judge to Issue Final Order in Fraudulent Transfer Suit

Judge Sontchi declines to rule that 28 U.S.C. § 157 is unconstitutional by denominating fraudulent transfer suits as ‘core’ proceedings.

3rd Circuit, Delaware

March 14, 2019

Adversary Proceeding to Enjoin FERC Remains in Bankruptcy Court

District judge won’t withdraw the reference when PG&E rejects power purchase agreements.

9th Circuit, California, California Northern District

March 12, 2019

District Judge Finds No Loopholes in Ninth Circuit Aversion to Third-Party Releases

Free-and-clear sale won’t evade the Ninth Circuit’s rule against third-party, non-debtor releases.

9th Circuit, Washington, Washington Western District

March 08, 2019

Statute of Limitations Wasn’t Tolled During Bankruptcy, Sixth Circuit Rules

Sanctions weren’t justified for attempting to collect a time-barred tax claim.

6th Circuit

March 07, 2019

Defectively Executed Mortgages Are [Still] Avoidable in Ohio

Sixth Circuit distinguishes between a trustee’s powers as a bona fide purchaser compared to a hypothetical judicial lienholder.

6th Circuit