December 02, 2016

BAP Strictly Requires Signing a Pleading for a Rule 9011 Sanction

Advice without signing a pleading does not give rise to a Rule 9011 sanction, but Section 1927 is another story.

6th Circuit

December 01, 2016

Cutting Off Medicare Funding Is Exempt from the Automatic Stay, First Circuit Says

First Circuit declines to take sides in circuit split over jurisdiction in Medicare disputes.

1st Circuit

November 30, 2016

Ninth Circuit Extends Barton to Protect Creditors’ Committee Members

Ninth Circuit lays down rules governing derivative judicial immunity for official committee members.

9th Circuit

November 29, 2016

Section 106 Waivers of Sovereign Immunity May Be Unconstitutional Sometimes

Patriot Coal decision analyzes Supreme Court authorities on sovereign immunity.

4th Circuit, Virginia, Virginia Eastern District

D’Oench Duhme Gives FDIC Broad Protection from Fraudulent Transfer Suits

Bank need not be a party to a secret agreement for D’Oench Duhme defense to apply.

7th Circuit, Illinois, Illinois Northern District

November 28, 2016

Insurance Companies Have Fewer Protections than Landlords and Aircraft Lessors

Absent special-interest legislation for bankruptcies, insurance companies remain in limbo.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

November 25, 2016

First Circuit BAP Rejects Lubrizol on Rejection of Trademark Licenses

Boston BAP sides with Seventh Circuit, holding that trademark licenses survive rejection.

1st Circuit

November 22, 2016

New York Stands Alone by Not Requiring Delivery to Transfer a Note and Mortgage

District judge makes an ‘Erie’ guess on an undecided issue of New York law.

2nd Circuit, New York, New York Western District

November 21, 2016

Skeptical Delaware Judge Refuses to Confirm Reorg Plan

Cash outlays to junior creditors at confirmation sink chapter 11 plan.

3rd Circuit, Delaware

Bankruptcy Powers Do Not Override Congressionally Mandated Internet Confidentiality

Third party’s emails are immune from discovery in bankruptcy, Judge Sontchi rules.

3rd Circuit, Delaware