September 13, 2016

Municipality Rekindled Indemnification Obligations After Confirmation, Circuit Says

Ninth Circuit opinion is unremarkable but might be read incorrectly and disastrously.

9th Circuit

September 08, 2016

District Judge May Have Split with Ninth Circuit BAP on Estate Property

Subprime loan and mortgage abuses generate interesting question worthy of a law school final exam.

9th Circuit, Idaho

September 07, 2016

Punitive Damage Claim from Involuntary Dismissal Brings Jury Trial Rights

Section 303(i)(2) claim, similar to malicious prosecution, invokes Seventh Amendment jury trial rights.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

September 06, 2016

Florida Judge Extends a Trustee’s Statute of Limitations to 10 Years

Courts split on giving trustees the IRS’ 10-year statute of limitations for avoidance actions.

11th Circuit, Florida, Florida Southern District

September 02, 2016

Denial of Motions to Dismiss Petitions: Are They Final or Not?

Bullard leaves questions unanswered when debtors move to dismiss their own petitions.

2nd Circuit, New York, New York Eastern District

August 31, 2016

Delaware Judge Splits with New York by Upholding Reclamation Creditors’ Rights

Judge Walrath disagrees with Judges Lifland and Gonzales on reclamation rights.

3rd Circuit, Delaware

Third and Ninth Circuits Split on Preemption of Non-Debtor Claims by Section 303(i)

Judge Ambro allows non-debtors to sue for damages from dismissal of involuntary petition.

3rd Circuit

August 26, 2016

Ninth Circuit Holds that 510(b) Subordination Applies to Individual Debtors

Ninth Circuit follows the Second Circuit and rejects the Ninth Circuit B.A.P.

9th Circuit

August 25, 2016

Sixth Circuit Splits with the Second over the Wagoner Rule on Standing

Sixth Circuit revives lawsuit against lender that allegedly aided Ponzi scheme.

6th Circuit

August 23, 2016

Equity Didn’t Help Broker Cheated Out of His Commission by Debtor

Bad result for a broker may have been avoided by raising other issues in the First Circuit.

1st Circuit