January 30, 2019
The Jay Alix/McKinsey Spat Reaches the Supreme Court
The Jay Alix certiorari petition asks the high court to resolve a circuit split and say whether vindicating the public interest confers appellate standing.
Supreme CourtJanuary 29, 2019
Fifth Circuit Differentiates Between Derivative Claims and Claims Belonging to a Creditor
Sometimes, a third party’s action can harm the debtor, but a creditor can still prosecute an independent claim against the third party.
5th CircuitJanuary 25, 2019
Newly Filed Certiorari Petitions Raise Circuit Splits on ‘Finality’ and the Automatic Stay
The Supreme Court is invited to resolve a circuit split and decide whether inaction can violate the automatic stay.
Supreme CourtJanuary 24, 2019
The Emily Litella Principle Governs the Withdrawal of Proofs of Claim
Withdrawing a proof of claim will not divest the bankruptcy court of jurisdiction to try an avoidance action without a jury, Judge Bernstein says.
2nd Circuit, New York, New York Southern DistrictJanuary 16, 2019
Texas Law Has Fraudulent Transfer Liability When the Bankruptcy Code Doesn’t
Fifth Circuit rules that the Texas UFTA doesn’t have a ‘futility defense’ when a transferee is on inquiry notice regarding receipt of a fraudulent transfer.
5th CircuitJanuary 14, 2019
Supreme Court Decision on Arbitration Has Ominous Implications for Bankruptcy
Bankruptcy needs blanket judicial immunity from the Federal Arbitration Act after the Supreme Court’s Schein decision.
Supreme CourtJanuary 11, 2019
Important Tenth Circuit Concurring Opinion Expounds on ‘Prudential’ Standing
A creditor’s factual allegations in bankruptcy court must be taken as true on appeal to establish ‘prudential standing.’
10th CircuitJanuary 10, 2019
Tenth Circuit Imports Section 363(m) to Nonbankruptcy Appeals
Tenth Circuit avoids deciding whether equitable mootness applies outside of bankruptcy.
10th CircuitJanuary 07, 2019
Supreme Court Grants ‘Cert’ to Decide Whether Good Faith Is a Defense to Contempt
Supreme Court has three bankruptcy cases this term, on nonjudicial foreclosure, trademark rejection, and contempt for a stay violation.
Supreme CourtJanuary 04, 2019
Wildcard Exemption Covered a Prepetition Malpractice Claim
Judge Dales explains how Section 522(g) does not limit, but rather expands, a debtor’s exemptions.
6th Circuit, Michigan, Michigan Western District