October 25, 2018

Section 108(c) Tolls the Expiration of a Lien, Ninth Circuit Holds over a Dissent

Expiration of a lien is tolled anytime the automatic stay precludes enforcement of a judgment.

October 24, 2018

Supreme Court Update: Two Bankruptcy Cases in the Running for ‘Cert’

Circuit splits over trademarks and the automatic stay are contenders for resolution in the Supreme Court.

Supreme Court

October 23, 2018

Cramdown Interest Rate of 1.22% Upheld on Appeal from Confirmation

Expert testimony might have given the creditor a market rate of interest, not a rate lower than inflation.

5th Circuit, Texas, Texas Northern District

October 18, 2018

Sixth Circuit Pronounces a Two-Prong Test to Determine ‘Finality’

Appeals court insinuates that denial of a lift-stay motion without prejudice is not appealable.

6th Circuit

October 18, 2018

Tenth Circuit Opinion Can Be the Springboard for a ‘Cert’ on the Automatic Stay

Circuit split is widening on whether inaction can be a violation of the automatic stay.

10th Circuit

October 17, 2018

New York and Delaware Agree: Releases Are Constitutionally Ok in Confirmation Orders

Chief District Judge in New York rules that ‘core’ jurisdiction includes non-consensual, third-party releases in confirmation orders.

2nd Circuit, New York, New York Southern District

October 16, 2018

Four Circuits Now Agree: Fuel Subcontractors Don’t Have Maritime Liens

Second, Fifth, Ninth and Eleventh Circuits agree that supplying “necessaries” by itself won’t justify a maritime lien.

9th Circuit

October 09, 2018

District Judge Rules Section 562 Does Not Apply to Terminations by Agreement

Section 562 applies to fix the date for calculating damages only if the debtor rejects or the creditor terminates, New York district judge says.

2nd Circuit, New York, New York Southern District

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