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 CircuitOctober 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 CourtOctober 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 DistrictSeptember 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, MarylandSeptember 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 DistrictSeptember 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, DelawareSeptember 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 DistrictSeptember 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 CircuitSeptember 18, 2018
Third Circuit Upholds Revocation of $275 Million Breakup Fee
Third Circuit creates a high standard for revoking a vested contract right.
3rd CircuitSeptember 17, 2018
Class Proofs of Claim Allowed When the Bar Notice Drew Few Individual Claims
Constitutionally sufficient notice of a bar date may not preclude the use of a class proof of claim under Bankruptcy Rule 7023, Judge Hale says.
5th Circuit, Texas, Texas Northern District