October 08, 2018

Liquidators Conducting GOB Sales Are Not ‘Professionals’ Covered by Section 327

U.S. Trustee rebuffed in subjecting liquidators to retention as ‘professionals’ under Section 327.

3rd Circuit, Delaware

October 05, 2018

Wisconsin Judge Slashes Quarterly Fees to the U.S. Trustee Program

Judge Furay interprets ‘disbursements’ not to include the daily sweep of a collection account in a revolving credit.

7th Circuit, Wisconsin, Wisconsin Western District

October 03, 2018

BAP Narrowly Reads Section 506(d) on Voiding Liens Following Claim Disallowance

A claim must be disallowed on the validity of the debt before the associated lien can be voided under Section 506(d), the Ninth Circuit BAP holds.

9th Circuit

October 02, 2018

Status Report on the Supreme Court

Already primed to rule on nonjudicial foreclosure, the Supreme Court might take cases involving contempt, the automatic stay and trademarks.

Supreme Court

October 01, 2018

Disgorgement by Professionals Is Not Required in an Administrative Insolvency

Jevic doesn’t mandate forcing professionals to disgorge interim allowances to achieve a pro rata distribution to administrative claimants in an administrative insolvency.

7th Circuit, Indiana, Indiana Southern District

September 28, 2018

Security Interest Perfected on the Filing Date Remains Valid if It Lapses Later

The addition of Section 362(b)(3) is held not to affect the ‘freeze rule’ with regard to lapsing security interests.

4th Circuit, Maryland

September 26, 2018

Class Settlements After Confirmation Require Rule 23 Class Certification

Judge Glenn in Manhattan straightens up some of the mess created when GM didn’t disclose ignition switch defects before confirmation.

2nd Circuit, New York, New York Southern District

September 25, 2018

District Court Finds Constitutional Power to Grant Releases in Confirmation Orders

Delaware district judge rules that the bankruptcy court has final adjudicatory power to include third-party releases in confirmation orders.

3rd Circuit, Delaware

September 24, 2018

Makewhole Premium Disallowed When the Debt Had Been Accelerated

Judge Flatley avoids taking sides in the Second/Third Circuit split.

4th Circuit, West Virginia, West Virginia Northern District

September 19, 2018

Being Employed Isn’t Enough to Salvage an Individual’s Chapter 11 Discharge

Appeals court talks about discharging a debt when the issue is denial of discharge.

9th Circuit