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December 02, 2016

BAP Strictly Requires Signing a Pleading for a Rule 9011 Sanction
Advice without signing a pleading does not give rise to a Rule 9011 sanction, but Section 1927 is another story.
6th Circuit

December 01, 2016

Cutting Off Medicare Funding Is Exempt from the Automatic Stay, First Circuit Says
First Circuit declines to take sides in circuit split over jurisdiction in Medicare disputes.
1st Circuit

November 30, 2016

Ninth Circuit Extends Barton to Protect Creditors’ Committee Members
Ninth Circuit lays down rules governing derivative judicial immunity for official committee members.
9th Circuit

November 29, 2016

D’Oench Duhme Gives FDIC Broad Protection from Fraudulent Transfer Suits
Bank need not be a party to a secret agreement for D’Oench Duhme defense to apply.
7th Circuit, Illinois, Illinois Northern District

November 21, 2016

Bankruptcy Powers Do Not Override Congressionally Mandated Internet Confidentiality
Third party’s emails are immune from discovery in bankruptcy, Judge Sontchi rules.
3rd Circuit, Delaware

November 17, 2016

Obscure Provisions in Title 37 Bar Discharge of Unearned Reenlistment Bonuses
California judge counsels Ninth Circuit about procedures for enforcing discharge injunctions.
9th Circuit, California, California Eastern District

November 16, 2016

Denial of Discharge for Violating Securities Laws Made Easier to Prove, Circuit Says
Sarbanes-Oxley nails securities fraudsters who file bankruptcy.
10th Circuit

November 15, 2016

Sixth Circuit Bars Bankruptcy Courts from Enforcing Constitutional Rights in Chapter 9
Barring a city in chapter 9 from turning off the water violates Section 904, Sixth Circuit rules.
6th Circuit

November 14, 2016

State Consumer Protection Law Preempted by the Bankruptcy Code
Preemption easier to find than implied repeal, Chicago district judge says.
7th Circuit, Illinois, Illinois Northern District
Identity of Asbestos Claimants Disclosed Only to ‘Ferret Out’ Fraud
Even aggregate information about asbestos claims cannot be used for lobbying.
3rd Circuit, Delaware