March 18, 2022
Second Circuit Holds that Debtors Are Properly Barred from Receiving PPP Loans
The first court of appeals to reach the issue decides that the SBA properly interpreted the CARES Act to bar chapter 11 debtors from receiving PPP ‘loans.’
2nd CircuitMarch 17, 2022
No ‘Excusable Neglect’ for Late Claim if Class Claim Was Denied, Fifth Circuit Says
Fifth Circuit opinion shows that disallowance of a class proof of claim may preclude individual class members from filing late claims.
5th CircuitMarch 15, 2022
To Be a Section 544(b)(1) Predicate Claim for a 10-Year Lookback, the Claim Must Be Filed
A claim of the IRS can provide a 10-year lookback for avoidance actions, but the claim must have been filed.
3rd Circuit, DelawareMarch 14, 2022
Another New York District Judge Is Hostile to Nondebtor, Third-Party Releases
At the risk of committing error, a district judge in New York reads a third-party release to cover only derivative claims, not direct claims that a creditor may have against a nondebtor.
2nd Circuit, New York, New York Southern DistrictMarch 11, 2022
California Judge Splits with his BAP; Subpoenas Require Court Approval Under Barton
Someone seeking to issue a subpoena to a trustee is the proper party to seek leave under the Barton doctrine, Judge Clarkson says.
9th Circuit, California, California Central DistrictMarch 10, 2022
Denial of Stay Modification Without Prejudice Can Be Final, Ninth Circuit Says
The Ninth Circuit answered a question left open by the Supreme Court in Ritzen.
9th CircuitMarch 02, 2022
Water Rights Are a Property Interest that Can’t Be Sold Free and Clear of Disputes
Disputes over water rights aren’t the sort of property interest that can attach to proceeds in a sale ‘free and clear’ under Section 363(f).
10th Circuit, UtahMarch 01, 2022
Johnson & Johnson Survives a Motion to Dismiss that Alleged a Bad Faith Filing
Judge in New Jersey explains why chapter 11 is the best alternative for a large company to deal with mass torts.
3rd Circuit, New JerseyFebruary 25, 2022
The Two-Year Complaint Deadline Can’t Be Extended Without Notice to Defendants
Equitable tolling can extend the two-year deadline for filing complaints, but the deadline can’t be extended without notice to the defendants, even if they are unknown or unknowable.
9th Circuit, California, California Central DistrictFebruary 23, 2022
Special Counsel with an Actual Conflict Faces Disgorgement of Fees in Delaware
Judge Sontchi set aside a prior order preventing the trustee from controlling litigation brought in the trustee’s name.
3rd Circuit, Delaware