March 06, 2019
A Creditor Must Tell a Non-Bankruptcy Court to Stop Violating the Stay
A creditor must attempt to stop a state court from violating the stay, the Sixth Circuit BAP holds.
6th CircuitMarch 05, 2019
Seventh Circuit Rules that Section 363(m) Doesn’t Render Appeals Moot
Seventh Circuit overrules two precedents holding that Section 363(m) renders appeals moot.
7th CircuitMarch 05, 2019
Supreme Court Declines to Rule on Equitable Mootness
Sewer customers challenged the dismissal of their appeal from confirmation of the Jefferson County chapter 9 municipal debt restructuring.
Supreme CourtMarch 04, 2019
Chapter 15 Recognition Not Required to Enforce a Foreign Reorganization in the U.S.
Non-debtor, third-party release enforced along with granting international comity.
2nd Circuit, New York, New York Southern DistrictMarch 01, 2019
Creating a Split, Sixth Circuit Holds: No Waiver of Immunity for Indian Tribes
A divided panel of the Sixth Circuit holds that Section 106 does not waive sovereign immunity for Indian tribes.
6th CircuitFebruary 27, 2019
Second Circuit Allows Extraterritorial Application of Sections 548 and 550
Neither comity nor the presumption against extraterritorial application of U.S. statutes bars trustees from suing to recover subsequent transfers made abroad.
2nd CircuitFebruary 26, 2019
Sixth Circuit Shows Why the Supreme Court Must Reverse Taggart
The appeals court didn’t allow an ambiguous state statute to confer absolution for violating the automatic stay.
6th CircuitFebruary 22, 2019
Supreme Court Hears Oral Argument on Rejection of Trademark Licenses
Thirty-five years later, the Supreme Court might reverse Lubrizol.
Supreme CourtFebruary 20, 2019
The Supreme Court Refuses to Revisit Dewsnup
Arguably ignoring Sections 506(a) and 506(d), Dewsnup barred chapter 7 debtors from stripping down undersecured mortgages.
Supreme CourtFebruary 19, 2019
Barton Also Protects Asbestos Trusts, Delaware Judge Says
If a suit filed in violation of Barton ends up in bankruptcy court, must the judge still dismiss? The courts are split.
3rd Circuit, Delaware