August 28, 2018

Insurance Proceeds Are Estate Property, Sometimes

Claims exceeding policy limits convert insurance proceeds into estate property, Fifth Circuit holds.

5th Circuit

August 15, 2018

Bankruptcy Court Still Has Jurisdiction Seven Years After Confirmation

Venue in the bankruptcy court is ok for suits brought under a liquidating plan.

2nd Circuit, New York, New York Southern District

August 10, 2018

First Circuit Gives Puerto Rico Bondholders a Second Bite at the Apple

Puerto Rico’s toll road bonds don’t have statutory liens, circuit court rules.

1st Circuit

August 02, 2018

Retention of Jurisdiction Beats Out an Arbitration Agreement, Third Circuit Says

Court retains adjudicatory power unless the arbitration agreement applies to all disputes.

3rd Circuit

August 01, 2018

Delaware’s Judge Sontchi Writes a Seminal Opinion on Sovereign Immunity

A bankruptcy court’s in rem jurisdiction overrides a claim of sovereign immunity.

3rd Circuit, Delaware

July 19, 2018

Two Courts Seemingly Differ on the Nature of Puerto Rico’s PROMESA Proceedings

Bondholders won a skirmish but may still lose the war with Puerto Rico.

July 18, 2018

New York Judge Finds Constitutional Power to Enter Default Judgments

Assuming service was properly effected, Judge Martin Glenn views Wellness International as permitting bankruptcy courts to enter final default judgments in all adversary proceedings.

2nd Circuit, New York, New York Southern District

July 17, 2018

Constitutionality of the Puerto Rico Oversight Board Upheld in District Court

PROMESA’s authority is in the Territories Clause of the Constitution, District Judge Swain says.

1st Circuit, Puerto Rico

July 16, 2018

Bankruptcy Judge Can Enter Final Judgment after a Fraudulent Transfer Bench Trial

The payee of a check isn’t necessarily the transferee of a fraudulent transfer, Chicago judge says.

7th Circuit, Illinois, Illinois Northern District

July 05, 2018

Reversing a Grant of Summary Judgment May or May Not Be a Final Order, Circuit Says

Eleventh Circuit explains when a final order may not remain a final order.

11th Circuit