March 10, 2017

Florida Judge Plunges into the Split on Enforcing Arbitration Agreements

Debtor must arbitrate a violation of the discharge injunction.

Georgia Courts Disagree on Redeeming Pawn Property in a Chapter 13 Plan

Bankruptcy court disregards district court opinion on redemption of pawned property.

March 09, 2017

Preference Analysis Permits ‘Hypothetical-Within-a-Hypothetical’ on Chapter 7 Recovery

Ninth Circuit majority goes for a difficult issue when an easier answer was available.

9th Circuit

March 07, 2017

Does the Lenders’ Lien Attach When a Shipper Disregards a Demand to Stop Delivery?

Is a reclamation notice required if a shipper delivers goods despite a demand to stop delivery?

3rd Circuit

March 02, 2017

PACA Circuit Split Heading for En Banc Rehearing or Certiorari Petition

Two judges urge Ninth Circuit to overrule precedent and line up with other circuits.

9th Circuit

March 01, 2017

Circuit Split Widens on Stay Violation for Failure to Turn Over Repossessed Collateral

Tenth Circuit joins the minority by holding that passive retention of collateral is no stay violation.

10th Circuit

Allowing WARN Claims in Liquidating Chapter 11s, Chicago Judge Splits with Third Circuit

Judge adheres to plain language of agency commentary as though it were a statute.

7th Circuit, Illinois, Illinois Northern District

February 28, 2017

Federal Judgment Rate Is Employed when Claims Are Paid in Full

Courts remain divided on what ‘legal rate’ means in Section 726(a)(5).

11th Circuit, Georgia, Georgia Northern District

February 27, 2017

Sixth Circuit Thwarts Tennessee in Jacking Up Interest Rate on Tax Claims

Does ‘nonbankruptcy law’ mean any law other than the Bankruptcy Code?

6th Circuit

February 23, 2017

Loan Agreement Gives U.S. Court Jurisdiction over Foreign Bank Lender

Few U.S. connections required for ‘specific jurisdiction’ over a foreign lender.

2nd Circuit, New York, New York Southern District