October 05, 2016

Sixth Circuit Split Decision Upholds Equitable Mootness in Chapter 9

Dissenter implores appeals court to sit en banc and reject equitable mootness.

6th Circuit

October 04, 2016

Supreme Court Flirts with Tackling Another Chapter 11 Issue

If an insider sells a claim, does the purchaser automatically acquire insider status?

Supreme Court

October 03, 2016

Attempt at Reviving Frenville Fails in Delaware

Widespread notice obviated need for allowing a class proof of claim.

3rd Circuit, Delaware

September 30, 2016

Two-Year Delay in Confirmation Requires Holding Another Valuation Hearing

Passage of time converts a final order into an interlocutory order.

11th Circuit, Florida, Florida Southern District

September 27, 2016

Successor to Bankrupt Company Saddled with Pre-Bankruptcy Environmental Claims

Discharge was no bar to claims not recognized until after bankruptcy.

2nd Circuit, New York, New York Eastern District

September 23, 2016

New York Judge Rejects Ninth Circuit’s Ybarra Doctrine that Revives Discharged Claims

Ninth Circuit decision based on policy, not statutory language, is wrong, S.D.N.Y. judge says.

2nd Circuit, New York, New York Southern District

September 20, 2016

Post-Confirmation Jurisdiction Is Narrow Following a Bona Fide Reorganization

After confirmation, New York’s Judge Glenn requires ‘close nexus’ for jurisdiction.

2nd Circuit, New York, New York Southern District

September 19, 2016

Fifth Circuit Arguably Softens Injury Requirement for Constitutional Standing

Extent of injury required for Article III standing remains an open question.

5th Circuit

September 15, 2016

Fifth Circuit Arguably Softens Injury Requirement for Constitutional Standing

Extent of injury required for Article III standing remains an open question.

5th Circuit

September 14, 2016

Regularly Conducted Tax Sales Cannot Be Fraudulent Transfer, Ninth Circuit Holds

Ninth Circuit joins two other circuits in extending BFP from foreclosures to tax sales.

9th Circuit