October 10, 2017

In a Circuit Split, Ninth Circuit Tags Innocent Sellers with Fraudulent Transfer Liability

Split decision refuses to invoke ‘equity’ to override a policy choice made by Congress.

9th Circuit

October 10, 2017

Supreme Court Won’t Settle Circuit Split on Transfer to a Debtor’s Own Account

Fourth Circuit splits with the Ninth and Tenth on ‘what is a transfer?’

Supreme Court

October 09, 2017

Bankruptcy Court Finds Constitutional Power to Grant Releases in Confirmation Orders

Delaware bankruptcy judge disagrees with district court on final adjudicatory power to include third-party releases in confirmation orders.

3rd Circuit, Delaware

October 06, 2017

Circuits Split, Judge Teel Earmarks Collateral Surcharges for All ‘Admin’ Creditors

Law v. Siegel didn’t insulate professionals from disgorging interim fee awards.

D.C. Circuit, District of Columbia

September 29, 2017

No New Bankruptcy Cases Have Been Added to Supreme Court Docket — Not Yet, at Least

Several cases are in the running for Supreme Court review this term or next.

Supreme Court

September 27, 2017

Seventh Circuit Opines on Method for Calculating ‘New Value’ Defense

Average daily sales suffice to show the date when new value was advanced.

7th Circuit

September 26, 2017

First Circuit Widens a Circuit Split on a Committee’s Intervention Rights

Allowing intervention as of right, First Circuit repudiates its own prior authority as ‘pure dicta.’

1st Circuit

September 25, 2017

Retention Agreements Allowing Defense Fees Ok in New Mexico, but Not in Delaware

Baker Botts v. ASARCO doesn’t prohibit retention agreements allowing fees for defense of fees, judge holds.

10th Circuit, New Mexico

September 22, 2017

Ninth Circuit Sits En Banc to Eradicate or Deepen a Loophole in PACA

Circuit split pits the Ninth Circuit against three sister circuits on a crucial PACA issue.

9th Circuit

September 21, 2017

Survivor’s Pension Benefits Are Not ‘Retiree Benefits’ Protected by Section 1114

Judge uses legislative history because Section 1114 is ambiguous.

2nd Circuit, New York, New York Southern District