September 12, 2024
For abandoned property, there is more likely to be bankruptcy jurisdiction under Section 1334(b) than Section 1334(e)(1), Fifth Circuit Judge King says.
5th Circuit
September 11, 2024
When a lien is undersecured, the avoided portion of the lien takes nothing through preservation until the unavoidable portion of the lien is paid in full.
9th Circuit
September 10, 2024
A chapter 11 plan may not impair the rights of a mortgage lender against a co-owner who is not in bankruptcy.
1st Circuit, Massachusetts
September 05, 2024
Second Circuit leaves open the question of whether a trustee can sell a ‘general’ or ‘derivative’ claim that’s subject to a valid lien held by a creditor.
2nd Circuit
August 29, 2024
A noncompetition agreement that would preclude finding other sources of revenue can be the basis for showing irreparable harm and entitlement to a preliminary injunction.
3rd Circuit
August 28, 2024
In the first opinion on the issue after Purdue, Bankruptcy Judge Christopher Lopez holds that Purdue did not change Fifth Circuit law where ‘hundreds’ of ‘opt-out’ plans have been confirmed with nondebtor releases.
5th Circuit, Texas, Texas Southern District
August 27, 2024
Reversing the BAP, the Ninth Circuit held that counsel’s oral waiver of sovereign immunity did not bind the state.
9th Circuit
August 22, 2024
Criminal activities of an agent don’t take the agent’s actions outside of the scope of authority.
5th Circuit
