Skip to main content
ABI Journal

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 Court

January 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 Circuit

January 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 Court

January 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 District

January 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 Circuit

January 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 Court

January 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 Circuit

January 10, 2019

Tenth Circuit Imports Section 363(m) to Nonbankruptcy Appeals

Tenth Circuit avoids deciding whether equitable mootness applies outside of bankruptcy.

10th Circuit

January 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 Court

January 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