February 16, 2018

California District Judge Requires Property in the U.S. to File Chapter 15

A security retainer held by a foreign liquidator’s U.S. counsel satisfies the chapter 15 requirement of property in the U.S.

9th Circuit, California, California Northern District

February 12, 2018

Second Circuit Says Tenuous Connections Establish “Related To” Bankruptcy Jurisdiction

‘Plausibility’ evidently does not apply when pleading ‘related to’ bankruptcy jurisdiction.

2nd Circuit

January 19, 2018

Pursuing an Untimely Appeal Is Frivolous and Warrants Sanctions in the Fifth Circuit

Losing its patience with late-filed appeals, the Fifth Circuit is close to making significant sanctions automatic.

5th Circuit

January 15, 2018

Third Circuit Pushes Back on Widespread Invocation of Rooker-Feldman

A federal court can undermine a state court judgment without offending Rooker-Feldman, Third Circuit says.

3rd Circuit

January 12, 2018

Bankruptcy Courts Cannot Impose Punitive Contempt Sanctions, District Judge Says

Circuits split on power of bankruptcy courts to impose punitive or criminal contempt sanctions.

2nd Circuit, Vermont

January 11, 2018

Extraterritoriality of Avoiding Powers Goes to the Second Circuit

A split of circuits will result if the Second Circuit does not reverse a Madoff decision.

2nd Circuit

January 08, 2018

Bankruptcy Courts Aren’t ‘Courts’ and Don’t Have Power to Transfer

Don’t stretch bankruptcy jurisdiction when the statute of limitations is about to expire.

3rd Circuit, Delaware

November 24, 2017

Even ‘False’ Debts Are Discharged

Student loan lender’s argument was ‘preposterous,’ judge says.

5th Circuit, Texas, Texas Southern District

November 15, 2017

New GM Ignition Switch Suits Can Proceed in State Court, District Judge Says

The circuit court’s resolution of the bankruptcy law question prevents New GM from removing new suits to federal court.

2nd Circuit, New York, New York Southern District

November 03, 2017

Creative Theory Fails to Give an Automatic Appeal from a Non-Core Interlocutory Order

Interlocutory orders by bankruptcy courts on non-core claims don’t give rise to immediate de novo review as proposed findings and conclusions.

1st Circuit, Maine