May 12, 2017

Courts Split on Arbitration over Dischargeability of Student Loans

Seattle judge disagrees with Florida judge on arbitration over bar study loans, while Second Circuit ponders the issue.

9th Circuit, Washington, Washington Western District

May 11, 2017

Second Circuit Describes When Claims Based on Securities Are Subordinated

Lehman workers barred from making claims based on worthless stock awards.

2nd Circuit

May 10, 2017

Split Brewing on Trustee’s Ability to Use the IRS’ Longer Statute of Limitations

Florida and Idaho Judges Disagree with Fifth Circuit and a New Mexico Judge.

9th Circuit, Idaho

May 03, 2017

Circuit Says a Perfected Assignment of Rents Takes Property Out of the Estate

Michigan law enables a lender to short circuit an attempted reorganization.

6th Circuit

May 02, 2017

Treatment of Equally Ranked Undersecured Creditors Is Ready for Appeal in Delaware

Judge Sontchi sticks by his 2016 decision in the Energy Future reorganization.

3rd Circuit, Delaware

May 01, 2017

Jevic Applied to Ordinary Settlements in the Midst of a Chapter 11 Case

Tennessee judge says Jevic tightened rules for approval of settlements.

6th Circuit, Tennessee, Tennessee Eastern District

Supreme Court to Decide Whether Using a ‘Mere Conduit’ Invokes the 546(e) ‘Safe Harbor’

Justices to rule on a narrow issue regarding the ‘safe harbor’ and leveraged buyouts.

Supreme Court

April 28, 2017

Justice Gorsuch May Be the Deciding Fourth Vote on Certiorari in Tribune

The ‘safe harbor’ protecting sellers in LBOs comes to the Supreme Court again.

Supreme Court

April 27, 2017

Bankruptcy Judge Has No Power to ‘Unrefer’ a Suit to District Court

Another New York judge refuses to send a case to Delaware.

2nd Circuit, New York, New York Southern District

April 24, 2017

Deemed Recourse Rights under Section 1111(b) Don’t Survive Foreclosure, Circuit Says

Ninth Circuit says deemed recourse terminates when the estate no longer owns the collateral.

9th Circuit