December 16, 2016

New GM Assails the Second Circuit for Jeopardizing ‘Free and Clear’ Sales

GM’s ‘cert’ petition says the Second Circuit forgot about Section 363(m).

Supreme Court

December 15, 2016

District Judge Splits with Third Circuit on Recoupment and Social Security Overpayment

Social Security benefits were properly cut off to recover overpayment.

7th Circuit, Illinois, Illinois Northern District

December 14, 2016

New York Judge Requires Hedge Funds to Disclose Their Investors

Evidence must show that hedge fund investors’ identities are ‘commercial information.’

2nd Circuit, New York, New York Southern District

Missing One Briefing Deadline Doesn’t Justify Dismissing an Appeal

Consistent, dilatory conduct required for dismissing an appeal, circuit says.

11th Circuit

December 13, 2016

Substantive Consolidation with Non-Bankrupt Religious Institutions Barred by Section 303(a)

Substantive consolidation and involuntary bankruptcy are equivalent, district judge holds.

8th Circuit, Minnesota

December 12, 2016

Unresolved Attorneys’ Fees Do Not Affect ‘Finality,’ Eleventh Circuit Holds

Fee issues are collateral, not affecting a final ruling on the merits.

11th Circuit

December 09, 2016

Judge Reverses Course and Allows Reclassification of Deficiency Claim

Chapter 13 debtor permitted to surrender collateral and reclassify deficiency as unsecured.

11th Circuit, Alabama, Alabama Northern District

December 08, 2016

‘Close Nexus’ Test Not Always Applicable for Post-Confirmation Jurisdiction

Rule 2004 may be used after confirmation, even if the plan does not reserve jurisdiction.

3rd Circuit, Delaware

December 07, 2016

Supreme Court Seems Primed to Reverse Jevic, Precluding Structured Settlements

Justices search for rationale for departing from Section 507 priorities in settlements.

Supreme Court

December 05, 2016

Serving a Complaint on a Bank by Ordinary Mail Is a Nullity

Without service by certified mail, a bank is not compelled to respond to a complaint.

2nd Circuit, New York, New York Eastern District