January 05, 2018

Third-Party Releases Are Permissible in Theory, Minneapolis Judge Says

Judge issues a tongue-lashing for a three-year reorganization that rewards lawyers but pays nothing so far to sexual abuse claimants.

8th Circuit, Minnesota

January 02, 2018

Delaware District Judge Seemingly Splits with Second Circuit on the Safe Harbor

Delaware district and bankruptcy judges now disagree with the Second Circuit’s holding that the federal safe harbor preempts state fraudulent transfer law.

3rd Circuit, Delaware

December 28, 2017

Administrative Status Given for Claims Against an Assignee for Creditors

Chicago judge finds flexibility for granting ‘protection’ claims under Section 543(c)(1).

7th Circuit, Illinois, Illinois Northern District

December 26, 2017

French ‘Safeguard’ Plan Held to Qualify for Enforcement in the U.S.

New York judge enforces a French reorganization similar to a U.S. prepack.

2nd Circuit, New York, New York Southern District

Circuit Split Update on Sovereign Immunity and Derivative Suits Against the IRS

Ninth Circuit won’t rehear DBSI, creating a split with the Seventh Circuit on Sections 106(a)(1) and 544(b)(1).

9th Circuit

December 22, 2017

Chicago Believes that Inaction Doesn’t Violate the Automatic Stay

Windy City plunges into the circuit split on inaction as a violation of the automatic stay.

7th Circuit, Illinois, Illinois Northern District

December 21, 2017

Courts Split on Ability to Redeem a Tax Deed Under a Plan

Another court rules on automatic removal of property from the estate under state law.

11th Circuit, Georgia, Georgia Northern District

Courts Split on Ability to Redeem a Tax Deed Under a Plan

Another court rules on automatic removal of property from the estate under state law.

December 19, 2017

Claim of an Involuntary Petitioner Must Be Entirely Undisputed

BAPCPA amendments changed prior law on disputed claims and involuntary petitions, Nevada judge says.

December 18, 2017

Manhattan Judge Refuses to Rubber-Stamp a Sealing Motion

Protecting negotiating leverage isn’t grounds for sealing the terms of a lease.

2nd Circuit, New York, New York Southern District