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

July 09, 2018

U.S. Trustee Criticized for Dumping the ‘Jay Alix Protocol’

New York bankruptcy judge approves retention of a crisis manger under Section 363(b) who might be disqualified under Section 327(a).

2nd Circuit, New York, New York Southern District

July 06, 2018

Chapter 15 Allows Discovery Not Available under Foreign Law, District Judge Says

Arbitration agreement doesn’t preclude discovery in chapter 15, district judge rules.

2nd Circuit, New York, New York Southern District

July 05, 2018

Reversing a Grant of Summary Judgment May or May Not Be a Final Order, Circuit Says

Eleventh Circuit explains when a final order may not remain a final order.

11th Circuit

June 29, 2018

Second Circuit Protects a Madoff Conspirator Who Already Paid $7.2 Billion

Clever pleading failed to evade an anti-suit injunction entered as part of a settlement.

2nd Circuit

June 27, 2018

New Bankruptcy Rule 3007(b) Alters Applicability of Res Judicata

When objecting to claims, new Rule 3007(b) means debtors are not required to assert counterclaims that would be adversary proceedings.

D.C. Circuit

June 25, 2018

Belatedly Purchasing a Claim Won’t Confer Appellate Standing, Circuit Rules

Newly appointed Circuit Judge Willett has a way with words.

5th Circuit

June 25, 2018

Bankruptcy Court’s Contempt Power Includes Incarceration for More Than Three Years

Ninth Circuit gives short shrift to a man who continues defying an order to turn over $1.4 million of estate property.

9th Circuit

June 20, 2018

Ninth Circuit Finds a Loophole to Reduce a Pre-Bankruptcy Fee Award

Prepetition judgments for attorneys’ fees are not sacrosanct in bankruptcy.

9th Circuit