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Home
July 25, 2017
‘Bar Order’ Precluding Creditors’ Independent Claims Disapproved in Chapter 7 Settlement
Massachusetts judge explores the circuit split on barring creditors’ direct claims against non-bankrupt third parties.
1st Circuit
,
Massachusetts
July 21, 2017
Jurisdiction Continues After Confirmation to Complete a Pending Lawsuit
Third Circuit says ‘related to’ jurisdiction can’t be destroyed by subsequent events.
3rd Circuit
July 19, 2017
Goods Delivered Directly to a Debtor’s Customers Never Qualify for 503(b)(9)
Judge Shannon writes an important decision for the era of ecommerce.
3rd Circuit
,
Delaware
July 17, 2017
Ninth Circuit Joins Minority in Allowing Sales Free & Clear of Leases
Adequate protection is a ‘powerful check’ on selling real estate free of leases, circuit says.
9th Circuit
July 14, 2017
Tenth Circuit’s Narrow View of Automatic Stay Erodes Estate Property
Tenth Circuit is in the minority by requiring affirmative action for a stay violation.
July 13, 2017
Ninth Circuit Revises an Automatic Stay Opinion from Three Years Ago
Appeals court avoids a split of circuits by deciding a different issue this time.
9th Circuit
July 12, 2017
Receipt under Section 503(b)(9) Occurs on Physical Possession, Third Circuit Holds
Third Circuit aids suppliers because ‘receipt’ can occur after ‘delivery.’
3rd Circuit
July 11, 2017
Collecting Criminal Restitution Does Not Violate the Automatic Stay
Three circuits permit collection of criminal restitution despite the automatic stay.
9th Circuit
July 10, 2017
Can a Plan Modify and Pay Off a Secured Claim Without Creditor Participation?
Texas judge circumvents Fifth Circuit’s requirement of secured creditor participation in chapters 11 and 13.
July 05, 2017
Did the Supreme Court Hint that Bankruptcy Venue Is Too Broad?
The Bristol-Myers decision on state class actions may eventually affect bankruptcy venue.
Supreme Court
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