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

November 14, 2016

Identity of Asbestos Claimants Disclosed Only to ‘Ferret Out’ Fraud

Even aggregate information about asbestos claims cannot be used for lobbying.

3rd Circuit, Delaware

November 11, 2016

District Courts Lack Jurisdiction to Enforce Discharge Injunctions

Eleventh Circuit judicially creates exclusive jurisdiction in the bankruptcy courts.

11th Circuit

November 10, 2016

Ninth Circuit Won’t Decide Whether BAPs Are ‘Established by an Act of Congress’

Cloud over constitutional authority of BAPs has been lifted, for now.

9th Circuit

November 02, 2016

Need for Multinational Corporate Insolvency Law Shown in China Fishery Decision

Judges must use patchwork approach when handling a huge, multinational debtor.

2nd Circuit, New York, New York Southern District

October 31, 2016

Creditor with Scheduled Claim Still Must File a Proof of Claim in Chapter 13

Ninth Circuit finds no loopholes in chapter 13’s claim-filing requirement.

9th Circuit

October 31, 2016

Baker Botts Read Narrowly on Compensation for Defending Fee Application

Florida judge allows fees for supplementing application with more detail.

11th Circuit, Florida, Florida Middle District

October 27, 2016

Discharge Denied for Omitting Name of a Retirement Account

Scheduling the amount of an asset isn’t enough. The name must be shown, too.

1st Circuit

October 26, 2016

Judge Farris Disagrees with 11th Circuit on ‘Surrender’ as Waiver of Foreclosure Defenses

Less than a month after Failla, a circuit split is brewing on the effect of intention to surrender.

9th Circuit

October 19, 2016

No Automatic Right to Appeal Bankruptcy Court Preliminary Injunctions

In one respect, bankruptcy judges have more authority than district judges.

7th Circuit, Illinois, Illinois Northern District