January 03, 2019

Courts Are Split on Breach of Contract Resulting in Nondischargeability

In some circuits, never intending to repay a loan can result in nondischargeability under Section 523(a)(6).

10th Circuit, New Mexico

December 28, 2018

Ninth Circuit Allows Counsel Fees when Debtor Successfully Appeals a Stay Violation

Ninth Circuit is the first court of appeals to expand a debtor’s appellate counsel fees beyond successfully defending an award for a willful stay violation.

9th Circuit

December 17, 2018

Safe Harbor Given Extraterritorial Effect to Benefit Madoff Feeder Funds Customers

Will the avoiding powers and the safe harbor both have extraterritorial effect? Stay tuned!

2nd Circuit, New York, New York Southern District

December 11, 2018

Advice of Counsel Must Be Given in Advance to Constitute a Defense, Circuit Says

Tenth Circuit lays out the elements of denial of discharge for failure to obey an order.

10th Circuit

December 07, 2018

A Lack of ‘Stern’ Jurisdiction Bars a Transfer Under 28 U.S.C. § 1631

Third Circuit makes a fine distinction regarding bankruptcy courts as ‘courts of the U.S.’

3rd Circuit

November 30, 2018

Circuit Upholds $257,000 in Sanctions for Failure to Disclose a Claim Assignment

A lawyer was personally assessed $257,000 in sanctions for failure to disclose that his client had sold its $14 million claim.

6th Circuit

November 26, 2018

Second Circuit Seems Primed to Give Extraterritorial Effect to Avoiding Powers

A reversal in the Second Circuit would mean that trustees can recover from subsequent recipients of fraudulent transfers, even if the subsequent transfers were made abroad.

2nd Circuit

November 21, 2018

Section 1326 Preempts State Law on Levies to Collect Child Support, Fourth Circuit Says

Achieving a ‘good result’ is no reason to disregard a command in the Bankruptcy Court.

4th Circuit

November 20, 2018

Order Approving an Option Held Non-Final and Non-Appealable

Lease-approval order held moot under Section 363(m) for lack of a stay pending appeal.

11th Circuit, Florida, Florida Southern District

November 16, 2018

Which Venue Transfer Statute Applies to Non-Core Suits in District Court?

Judge in Dallas lays out the procedure for transferring venue from a district court to a bankruptcy court in another district.

5th Circuit, Texas, Texas Northern District