May 29, 2018

Stern Held Inapplicable to Orders Denying Summary Judgment

Delaware district judge explains why Stern doesn’t confer the equivalent of an appeal from an interlocutory order.

3rd Circuit, Delaware

May 24, 2018

Fifth Circuit Issues a Narrow Opinion Requiring Corporate Authority to File a Petition

The appeals court avoids ruling broadly on the ability of a golden share or blocking provision to bar a company from filing bankruptcy voluntarily.

5th Circuit

May 23, 2018

New Jevic Settlement Fails, Making Supreme Court’s Reversal More Costly

Unlike Rodney Dangerfield, Jevic workers get respect when Delaware judge rejects a new settlement they dislike.

3rd Circuit, Delaware

May 16, 2018

‘Exhaustion’ Required Before Nailing the IRS for Discharge Violation Damages

‘Exhaustion’ is not required before compelling the IRS to return funds taken in violation of discharge.

11th Circuit, Florida, Florida Southern District

May 15, 2018

Specific Personal Jurisdiction Exists over a Foreign Transferee in a Ponzi Scheme

Judge Lafferty lays out the standards for specific personal jurisdiction over a foreign defendant who received stolen property.

9th Circuit, California, California Northern District

May 14, 2018

Debtors Beware: Disputing Facts Without a Sound Basis Can Have Tragic Results

Testimony that’s not credible can be a ‘false oath’ leading to a denial of discharge.

11th Circuit

May 11, 2018

Ninth and Fourth Circuits Issue Important Rulings on Sanctions and Exemptions

Ninth Circuit opinion is prime for Supreme Court review regarding the extent of a bankruptcy court’s contempt powers.

4th Circuit

May 09, 2018

A Fraudulent Transfer Complaint Doubles as an Exemption Objection

To suffice as an objection to exemption, a complaint must be filed within 30 days of the creditors’ meeting.

9th Circuit

May 09, 2018

California Judge Lays Out Rules for Jury Trials in Bankruptcy Court

Bankruptcy Judge Barash construes local rules to avoid invalidating a right to a jury trial.

9th Circuit, California, California Central District

May 08, 2018

Bankruptcy Judge Predicts Circuit Split on Substantive Consolidation with Nondebtors

Seventh Circuit is averse to creating remedies under Section 105, Bankruptcy Judge Hollis says.

7th Circuit, Illinois, Illinois Northern District