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

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