January 29, 2019

Fifth Circuit Differentiates Between Derivative Claims and Claims Belonging to a Creditor

Sometimes, a third party’s action can harm the debtor, but a creditor can still prosecute an independent claim against the third party.

5th Circuit

January 28, 2019

Chicago Case May Resolve the Circuit Split on the New Value Defense

Bankruptcy judge reluctantly follows precedent where the Seventh Circuit is in the minority on the new value defense.

7th Circuit, Illinois, Illinois Northern District

January 25, 2019

Newly Filed Certiorari Petitions Raise Circuit Splits on ‘Finality’ and the Automatic Stay

The Supreme Court is invited to resolve a circuit split and decide whether inaction can violate the automatic stay.

Supreme Court

January 24, 2019

The Emily Litella Principle Governs the Withdrawal of Proofs of Claim

Withdrawing a proof of claim will not divest the bankruptcy court of jurisdiction to try an avoidance action without a jury, Judge Bernstein says.

2nd Circuit, New York, New York Southern District

January 23, 2019

Disallowing Part of a Claim Doesn’t Make the Claim Impaired, Fifth Circuit Says

Newly appointed circuit judge uses ancient English law to illuminate the Bankruptcy Code.

5th Circuit

January 22, 2019

Fifth Circuit Expounds on Constitutional Standing for a Creditor to Appeal

O.W. Bunker makes law again, this time on standing to appeal, not on maritime liens.

5th Circuit

January 17, 2019

Setoff Doesn’t Apply to Mutual Debts and Credits in Agricultural Commodities

Second Circuit interprets PACA to preclude setting off debts and credits from the sale of perishable agricultural commodities.

2nd Circuit

January 14, 2019

Supreme Court Decision on Arbitration Has Ominous Implications for Bankruptcy

Bankruptcy needs blanket judicial immunity from the Federal Arbitration Act after the Supreme Court’s Schein decision.

Supreme Court

January 11, 2019

Important Tenth Circuit Concurring Opinion Expounds on ‘Prudential’ Standing

A creditor’s factual allegations in bankruptcy court must be taken as true on appeal to establish ‘prudential standing.’

10th Circuit

January 10, 2019

Tenth Circuit Imports Section 363(m) to Nonbankruptcy Appeals

Tenth Circuit avoids deciding whether equitable mootness applies outside of bankruptcy.

10th Circuit