May 12, 2017

Courts Split on Arbitration over Dischargeability of Student Loans

Seattle judge disagrees with Florida judge on arbitration over bar study loans, while Second Circuit ponders the issue.

9th Circuit, Washington, Washington Western District

May 10, 2017

Split Brewing on Trustee’s Ability to Use the IRS’ Longer Statute of Limitations

Florida and Idaho Judges Disagree with Fifth Circuit and a New Mexico Judge.

9th Circuit, Idaho

May 08, 2017

Trustees Don’t Get a Second Bite at the Abandonment Apple

The debtor, not the trustee, can profit from a secured creditor’s mistakes.

6th Circuit, Ohio, Ohio Southern District

April 28, 2017

Justice Gorsuch May Be the Deciding Fourth Vote on Certiorari in Tribune

The ‘safe harbor’ protecting sellers in LBOs comes to the Supreme Court again.

Supreme Court

April 20, 2017

Fees to Recover Sanctions Are Permitted under 28 U.S.C. § 1927

Lawyers can be nailed for misconduct under Section 1927, but not their clients.

9th Circuit

April 19, 2017

Supreme Court to Consider Hearing Two Bankruptcy Cases on April 21

High court may decide whether the ‘safe harbor’ completely preempts state fraudulent transfer laws with regard to LBOs of bankrupt companies.

Supreme Court

April 14, 2017

Res Judicata Bars Later Suit Against the Owner for WARN Act Violation

Owners and employers should be sued together on the WARN Act to avoid claim splitting.

April 13, 2017

Split Grows on Unanticipated Circumstances to Modify a Chapter 13 Plan

Georgia judge follows the majority by more liberally allowing a chapter 13 plan modification.

11th Circuit, Georgia, Georgia Northern District

April 07, 2017

Surprising Analysis Yields the Expected Result on Choice of Law for Claims

Chosen law governed statute of limitations for allowance of claims in bankruptcy.

9th Circuit

April 06, 2017

First Circuit Interprets PROMESA’s Automatic Stay Broadly, Reverses District Court

Circuit court bars lawsuit by one Puerto Rico bondholder group against another.

1st Circuit