August 10, 2018

First Circuit Gives Puerto Rico Bondholders a Second Bite at the Apple

Puerto Rico’s toll road bonds don’t have statutory liens, circuit court rules.

1st Circuit

August 06, 2018

Property that Lost Exempt Status Goes to the Chapter 13 Debtor on Voluntary Dismissal

Fifth Circuit Draws on Harris v. Viegelahn to revest all property in the chapter 13 debtor on dismissal.

5th Circuit

August 03, 2018

Punitive Damages under Section 303(i) Can’t Be Offset, Third Circuit Says

One involuntary petition dismissed in bankruptcy court has now spawned three important opinions at the circuit level.

3rd Circuit

July 31, 2018

Ninth Circuit Requires Explicit Objection to Avoid Forfeiting an Appeal

Ethical issues abound when a committee counsel’s own financial interest conflicts with its client’s interests.

9th Circuit

July 25, 2018

Dismissing a Bankruptcy Won’t Fend Off Invocation of Judicial Estoppel

Eleventh Circuit holds that dismissing bankruptcy comes too late if claims weren’t disclosed.

11th Circuit

July 23, 2018

A Casually Written Email by Counsel Can Be an Agreement in the Second Circuit

Mediation can result in a binding settlement even without a written agreement.

2nd Circuit

July 19, 2018

Two Courts Seemingly Differ on the Nature of Puerto Rico’s PROMESA Proceedings

Bondholders won a skirmish but may still lose the war with Puerto Rico.

July 18, 2018

New York Judge Finds Constitutional Power to Enter Default Judgments

Assuming service was properly effected, Judge Martin Glenn views Wellness International as permitting bankruptcy courts to enter final default judgments in all adversary proceedings.

2nd Circuit, New York, New York Southern District

July 17, 2018

Heightened Pleading Requirements Kick In on Nondischargeability for Fraud, Circuit Says

Merely pleading a false statement under oath won’t beat a motion to dismiss for failure to state a claim, Fifth Circuit says.

5th Circuit

July 11, 2018

Seventh Circuit Opens a Can of Worms on Bankruptcy Sales and Adequate Protection

Do free and clear sales confer interests that are entitled to adequate protection?

7th Circuit