April 13, 2018

Barnhill Determines the Date of a Post-Petition Transfer, BAP Says

A post-petition transfer occurs when an ordinary check is honored, not when it is delivered.

9th Circuit

April 12, 2018

Tribune Creditors Seek Reconsideration on Implied Preemption by the ‘Safe Harbor’

Following a suggestion made by two Supreme Court justices, Tribune creditors ask the Second Circuit to recall the mandate and remand for reconsideration in district court.

Supreme Court

April 11, 2018

Non-Consensual Third-Party Releases Pass Muster in Chapter 15

Principles of comity justify enforcing a U.K. scheme of arrangement that releases non-filed affiliates’ guarantees.

2nd Circuit, New York, New York Southern District

April 06, 2018

Unclaimed Oil and Gas Royalties Cannot Become Estate Property, Texas Judge Says

Confirmation order cannot turn someone else’s property into estate property.

5th Circuit, Texas, Texas Southern District

April 06, 2018

Chicago Wins One Round in Battle over Parking Tickets

The battle continues in Chicago over using chapter 13 to beat parking tickets.

7th Circuit, Illinois, Illinois Northern District

April 04, 2018

Delaware & New York Courts Still Agree on Treatment Among Undersecured Creditors

Post-petition interest accruals aren’t counted in figuring distributions among undersecured creditors with liens on the same collateral.

3rd Circuit, Delaware

April 04, 2018

Supreme Court’s Second ‘Safe Harbor’ Case Is in Limbo

Two justices recommend that the Second Circuit reconsider the ‘Tribune’ safe harbor decision in light of Merit Management.

Supreme Court

April 03, 2018

Not a ‘Mechanical Rule,’ Judicial Estoppel Requires Benefit, Second Circuit Says

Judicial estoppel requires ‘an effort to game the bankruptcy system.’

2nd Circuit

April 02, 2018

Fifth Circuit Adopts Flexible Timing for Section 1111(b) Cramdown Valuation

Fifth Circuit refuses to adopt chapter 13 valuation timing to chapter 11 cramdowns.

5th Circuit

March 30, 2018

Automatic Stay Doesn’t Apply to Enforcement of Maritime Liens, Ninth Circuit Says

Filing bankruptcy won’t divest a district court of maritime jurisdiction, and a bankruptcy court can’t adjudicate maritime lien rights.

9th Circuit