April 20, 2020
Courts Must Rule on ‘Comfort Orders’ When Requested, BAP Says
ABI Consumer Commission recommended that ‘comfort orders’ be obtained through motion practice, not adversary proceedings.
9th CircuitApril 17, 2020
Cashier’s Checks and Ordinary Checks Are Treated the Same Under Barnhill
The UCC and Barnhill are in accord when it comes to ownership of funds underlying an unpaid check.
10th Circuit, Oklahoma, Oklahoma Western DistrictApril 16, 2020
2% of Increased U.S. Trustee Fees Held Unconstitutional
Florida judge largely agrees with a Delaware judge by holding that the increase in fees for the U.S. Trustee program is neither impermissibly retroactive nor unconstitutional, mostly speaking.
11th Circuit, Florida, Florida Southern DistrictApril 14, 2020
Stripping Down a Mortgage on a Mixed-Use Property Under the SBRA
A New York court allows a chapter 11 case pending for 15 months to redesignate for treatment under the Small Business Reorganization Act.
2nd Circuit, New York, New York Eastern DistrictApril 13, 2020
First Circuit Issues a Landmark Opinion on Valuation of Disputed Claims
The value of a disputed claim is proven by showing the likely validity of the claim and the likelihood of recovery, not just by establishing the possible damages.
1st CircuitApril 09, 2020
Suit by Foreign Liquidators Was Remanded to State Court
Delaware district judge permits remand when the suit was subject to mandatory abstention.
3rd Circuit, DelawareApril 08, 2020
Critical Vendor Motion Heads for the Second Circuit
New York district court upholds a typical critical vendor order.
2nd Circuit, New York, New York Southern DistrictApril 07, 2020
Barton Doctrine Didn’t Protect a Special Master from a Preference Suit
Judge Brown of Denver elucidates a third exception to the Barton doctrine barring suits against court-appointed officials.
10th Circuit, ColoradoApril 06, 2020
Taggart Didn’t Let Corporate Employees Off the Hook for a Stay Violation
Tortious or fraudulent conduct needn’t be shown to hold a corporate employee liable for violating the automatic stay.
1st Circuit, Rhode IslandApril 02, 2020
‘Oops’ and ‘Mea Culpa’ Won’t Make a Security Interest Attach, Judge Nugent Says
When it comes to attachment and perfection of a security interest, the devil is in the details.
10th Circuit, Kansas