July 27, 2018

Tax Foreclosure in New York Can Be a Fraudulent Transfer, District Judge Says

The Supreme Court’s BFP opinion on mortgage foreclosures held not applicable to tax foreclosures in New York.

2nd Circuit, New York, New York Western District

July 26, 2018

Specific Request Required for ‘Admin’ Claim after Contract Rejection

A creditor’s expenses in removing its equipment after contract rejection is not entitled to administrative status.

5th Circuit, Louisiana, Louisiana Eastern District

July 23, 2018

A Casually Written Email by Counsel Can Be an Agreement in the Second Circuit

Mediation can result in a binding settlement even without a written agreement.

2nd Circuit

July 20, 2018

Profit Sharings in Leases Are Unenforceable Anti-Assignments, Third Circuit Says

Third Circuit upholds Delaware’s Judge Gross by nixing profit-sharing agreements under Section 365(f)(1).

July 11, 2018

Seventh Circuit Opens a Can of Worms on Bankruptcy Sales and Adequate Protection

Do free and clear sales confer interests that are entitled to adequate protection?

7th Circuit

July 10, 2018

New York Judge Takes a Forgiving View of ‘Actual Conflict’ in Section 327(c)

Firm allowed to drop a creditor-client and represent the debtor in chapter 11.

2nd Circuit, New York, New York Southern District

July 09, 2018

U.S. Trustee Criticized for Dumping the ‘Jay Alix Protocol’

New York bankruptcy judge approves retention of a crisis manger under Section 363(b) who might be disqualified under Section 327(a).

2nd Circuit, New York, New York Southern District

July 02, 2018

Fifth Circuit Expounds on Overlooked Aspects of the Strong Arm Power

News flash: Louisiana law is different!

5th Circuit

June 25, 2018

Bankruptcy Court’s Contempt Power Includes Incarceration for More Than Three Years

Ninth Circuit gives short shrift to a man who continues defying an order to turn over $1.4 million of estate property.

9th Circuit

June 22, 2018

Terminating a Lease for Default Doesn’t Invoke the § 362(b)(10) Stay Exception

Lower courts are split on whether terminating a nonresidential lease for default means there is no automatic stay.

6th Circuit, Michigan, Michigan Eastern District