September 12, 2018
Major Automatic Stay Issue Inches Toward the Supreme Court
Chicago parking ticket cases to be resolved in the Seventh Circuit.
7th Circuit, Illinois, Illinois Northern DistrictSeptember 11, 2018
Raising a Circuit Split, Ninth Circuit’s Taggart Opinion Heads for a ‘Cert’ Petition
BAP opinion shows that contempt is virtually impossible to prove in the Ninth Circuit following Taggart.
9th CircuitSeptember 06, 2018
Delaware District Judge Upholds Horizontal ‘Gifting’ in a Chapter 11 Plan
Narrow reading of ‘equitable mootness’ in Tribune is limited to cases involving a dispute between two classes.
3rd Circuit, DelawareSeptember 05, 2018
Sixth Circuit Panel Splits on the Attributes of a ‘Governmental Unit’
Sixth Circuit narrowly rules that a community health service is not a governmental unit and is thus eligible for chapter 11.
6th CircuitSeptember 04, 2018
Circuits Split on Sovereign Immunity and Emotional Distress Damages for a Stay Violation
Ninth Circuit splits with the First on the interpretation of Section 106(a).
August 30, 2018
Fifth Amendment Can Be an Almost Complete Bar to a Rule 2004 Production
Required records and authenticated documents already known to exist are not protected from production by the privilege against self-incrimination.
5th Circuit, Texas, Texas Western DistrictAugust 29, 2018
A Receiver Can Bar the Old Board from Filing a Bankruptcy Petition
By removing the incumbent board, a receiver can bar the old board from filing a bankruptcy petition, the Ninth Circuit holds.
9th CircuitAugust 27, 2018
A Plan Can Release Claims for Post-Confirmation Conduct, Third Circuit Says
Third Circuit leaves open the question of whether distributions to shareholders in chapter 11 must follow FINRA rules.
3rd CircuitAugust 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 CircuitAugust 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