August 23, 2018

Second Circuit Upholds Dismissal of an ‘Involuntary’ in a Two-Party Dispute

Additional judgment enforcement remedies under the Bankruptcy Code don’t justify an involuntary petition.

2nd Circuit

August 17, 2018

Third Circuit Explores the Limits of Channeling Injunctions Protecting Insurers

Caution: Do not use heavy machinery. Reading this story may induce drowsiness.

3rd Circuit

Chicago Must Return Impounded Cars Immediately After a Chapter 13 Filing

Judge Thorne rules that exceptions to the automatic stay do not allow the City of Chicago to retain possession of impounded cars.

7th Circuit, Illinois, Illinois Northern District

August 16, 2018

Circuit Split Narrows on the New Value Defense to a Preference

Eleventh Circuit abandons the notion that new value must remain unpaid to offset a preference.

11th 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 13, 2018

Collection Injunctions Are (Sometimes) Ok in an Individual Chapter 11

Ninth Circuit BAP explains when the holder of a nondischargeable claim can be enjoined from collecting during the life of an individual’s chapter 11 plan.

9th Circuit

August 08, 2018

Personal Liability for a PACA Trust Is Dischargeable, Judge Mark Says

Courts are split on whether personal liability to produce suppliers results in a nondischargeable debt under Section 523(a)(4).

11th Circuit, Florida, Florida Southern District

August 03, 2018

Punitive Damages under Section 303(i) Can’t Be Offset, Third Circuit Says

One involuntary petition dismissed in bankruptcy court has now spawned three important opinions at the circuit level.

3rd Circuit

August 02, 2018

Delaware District Judge Defines ‘Unfair Discrimination’ in Cramdown

A $30 million haircut is not ‘unfair discrimination’ to preclude cramming down a plan.

3rd Circuit, Delaware

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