September 30, 2022
Although It Paid Creditors in Full, Eleventh Circuit Subordinates an Unauthorized Loan
Eleventh Circuit gives the bankruptcy judge wide discretion in subordinating debts and denying retroactive approval of loans.
11th CircuitSeptember 28, 2022
A Cured Breach Still Invokes Section 365(b)(1)’s Landlord Protections, Circuit Says
Adequate assurance of future performance may not be required if the debtor has already cured the breach of lease, the Ninth Circuit says.
9th CircuitSeptember 27, 2022
Judge McAffee Agrees with Former Judge Sontchi on Authorized Corporate Actions
The automatic stay does not bar increasing authorized shares when the debtor is a minority shareholder.
4th Circuit, North Carolina, North Carolina Eastern DistrictSeptember 22, 2022
The Pandemic Was No Reason for Raising an Investment Banker’s Cap on a Fixed Fee
The length and the effects of the pandemic were capable of being ‘anticipated’ and therefore provide no reason for modifying a fixed fee under Section 328(a).
2nd Circuit, New York, New York Southern DistrictSeptember 21, 2022
Transfer Occurs When Property Is Placed in Escrow or In Custodia Legis
When disbursement depends on subsequent court approval, the transfer still occurs beforehand when the deposit was made in custodia legis.
8th Circuit, MinnesotaSeptember 20, 2022
Claims Agents Aren’t Junior Judges Ruling on the Validity of Claim Transfers
The transferee of a claim doesn’t have standing to object to recording the transfer of a claim to it on the claims docket, Judge Garrity says.
September 19, 2022
Marrying an Adversary Doesn’t Mean Disqualification, Third Circuit Says
Following the Model Rules and erecting ethical screens allows adversary lawyers to date and marry.
3rd CircuitSeptember 16, 2022
Seventh Circuit Limits a U.S. Court’s Jurisdiction over Creditors Abroad
Foreign creditors not subject to ‘specific personal jurisdiction’ in the U.S. can violate the automatic stay with impunity.
7th CircuitSeptember 15, 2022
Second Circuit Definitively Defines ‘Inquiry Notice’ Under New York Law
Saving Revlon’s bank $500 million, the Second Circuit holds that the law of restitution allows a bank to recover payments made mistakenly when the recipient had no right to receive the payment.
2nd CircuitSeptember 13, 2022
Being Tossed Off a Committee Doesn’t Confer Appellate Standing, District Judge Says
Being removed from an official committee doesn’t harm the former member’s pecuniary interests and therefore doesn’t confer appellate standing.
5th Circuit, Louisiana, Louisiana Eastern District