November 17, 2017

No Statute of Limitations for Suing on a Trustee’s Surety Bond

Removing and discharging a trustee are not synonymous, Houston judge rules.

5th Circuit, Texas, Texas Southern District

November 15, 2017

New GM Ignition Switch Suits Can Proceed in State Court, District Judge Says

The circuit court’s resolution of the bankruptcy law question prevents New GM from removing new suits to federal court.

2nd Circuit, New York, New York Southern District

November 14, 2017

Non-Voting Creditors’ Consent to Third Party Releases Can’t Be Inferred

New York and Delaware judges disagree on third party releases by non-voting creditors.

2nd Circuit, New York, New York Southern District

November 13, 2017

PACA Trust Claims Don’t Defeat the Power to Use Cash Collateral

PACA trust creditors can’t hold a chapter 11 debtor hostage, judge rules.

6th Circuit, Michigan, Michigan Western District

November 10, 2017

No Punitive Damages Under Delaware Law to Remedy a Fraudulent Transfer

Choice of law isn’t an affirmative defense that can be waived, Judge Gross says.

3rd Circuit, Delaware

November 08, 2017

Fraudulent Transfer Claims Aren’t Capped by Creditors’ Losses

Delaware’s Judge Gross pens another controversial opinion in PAH Litigation Trust.

3rd Circuit, Delaware

November 07, 2017

Supreme Court Primed to Hold Safe Harbor Inapplicable if Bank Is a ‘Mere Conduit’

Justices search for a ruling that limits Section 546(e) but isn’t too broad.

Supreme Court

November 02, 2017

Interlocutory Orders Compelling Arbitration May Be Appealed with Permission

Shallow constitutional foundation of the bankruptcy court justifies allowing interlocutory appeals, district judge says.

2nd Circuit, New York, New York Southern District

November 01, 2017

Justices Hear Argument in Lakeridge on Appellate Standards for Nonstatutory Insiders

Supreme Court to decide if inferences from undisputed facts are reviewed de novo or for clear error.

Supreme Court

October 31, 2017

Fifth Circuit Insulates Ds&Os for Authorizing Prebankruptcy Dividends and Bonuses

To avoid dismissal, a complaint must allege each officer’s acts that breached fiduciary duty.

5th Circuit