April 03, 2018

Not a ‘Mechanical Rule,’ Judicial Estoppel Requires Benefit, Second Circuit Says

Judicial estoppel requires ‘an effort to game the bankruptcy system.’

2nd Circuit

March 30, 2018

Automatic Stay Doesn’t Apply to Enforcement of Maritime Liens, Ninth Circuit Says

Filing bankruptcy won’t divest a district court of maritime jurisdiction, and a bankruptcy court can’t adjudicate maritime lien rights.

9th Circuit

March 29, 2018

State Law, Not Filing Date, Governs Distributions to Co-Owners, Fifth Circuit Says

The distributive share to co-owners is not fixed as of the filing date under Section 363(j).

5th Circuit

March 28, 2018

Madoff Opinions Ease Pleading Requirements in Suits Against Subsequent Transferees

Bankruptcy Judge Vyskocil holds that alter ego need not be alleged to recover from a corporation’s sole shareholder as the beneficiary of a fraudulent transfer.

2nd Circuit, New York, New York Southern District

March 23, 2018

‘Snarky’ or Factually Incorrect Emails Are Not Grounds for Rule 9011 Sanctions

Neither oral statements nor emails are sanctionable under Rule 9011, Judge Pappas says.

9th Circuit, Idaho

March 22, 2018

Court May Depart from the Code When the Debtor Consents and No One Objects

Unique facts were again the basis for a result seemingly at odds with the statute.

2nd Circuit, New York, New York Northern District

March 13, 2018

Unlicensed Debt Collectors May File Proof of Claim Despite State Law

Midland Funding expanded to allow unlicensed debt collectors to file claims.

4th Circuit, Maryland

March 09, 2018

Second Circuit Bars Arbitration in a Class Action for Violating the Discharge Injunction

New case seems inconsistent with Second Circuit’s prior opinion compelling arbitration over an automatic stay violation.

2nd Circuit

March 06, 2018

Kentucky Judge Refuses to Approve a ‘No Seal, No Deal’ Settlement

The parties’ wishes are insufficient to justify sealing.

6th Circuit, Kentucky, Kentucky Eastern District

March 05, 2018

Which Court Has a Better Claim to Jurisdiction in Successive Bankruptcies?

Yet another example of how hard cases make bad law.

2nd Circuit, New York, New York Eastern District