March 13, 2020
Ninth Circuit Takes a Hard Line Against Waiving Discharge Inadvertently
The Ninth Circuit may be backing off from Ybarra, a case that waives discharge for attorneys’ fees if the debtor ‘returns to the fray.’
9th CircuitMarch 11, 2020
Eighth Circuit Applies Cap on Lease Claims to a Fraudulent Transfer Judgment
Appeals court had sympathy for the debtor by disallowing part but not all of a judgment for receipt of a fraudulent transfer with ‘actual intent.’
8th CircuitMarch 05, 2020
Fifth Circuit Opinion Shows How Not to Represent a Creditor at Confirmation
Sovereign immunity won’t prevent the bankruptcy court from extinguishing a state’s easement over a debtor’s property.
5th CircuitMarch 04, 2020
Judge Kahn Finds No Constitutional Infirmities in Applying the SBRA Retroactively
Because the SBRA’s foundation is chapter 11, the new statute may be applied constitutionally to rights or property interests arising before enactment.
4th Circuit, North Carolina, North Carolina Middle DistrictMarch 03, 2020
Bankruptcy Discharge Cuts Off Future Liability on a Guaranty
Courts are split on whether a personal guaranty survives bankruptcy.
6th CircuitMarch 03, 2020
District Court Strictly Enforces ‘Adequate Assurance’ Standards for Shopping Centers
District court reverses and bars Sears from assigning Mall of America lease.
2nd Circuit, New York, New York Southern DistrictFebruary 26, 2020
Supreme Court Bans Nunc Pro Tunc Orders
Despite the high court’s ban on nunc pro tunc orders, may bankruptcy courts make their orders retroactive?
Supreme CourtFebruary 25, 2020
First Opinion on the SBRA Permits Conversion of an Existing Chapter 11 Case
Bankruptcy Judge Scott Clarkson of Santa Ana, Calif., issued the first reported decision on the new small business reorganization law that became effective on February 19.
9th Circuit, California, California Central DistrictFebruary 25, 2020
Supreme Court Uses a Bankruptcy Case to Limit the Use of Federal Common Law
High court rules that federal courts may make federal common law only to protect ‘uniquely’ federal interests.
Supreme CourtFebruary 24, 2020
Fifth Circuit’s Seminal Reed Decision Not Followed in Chapter 13
Bankruptcy judge finds no statutory power for a chapter 13 trustee to prosecute a lawsuit that the debtor was judicially estopped for pursuing.
5th Circuit, Louisiana, Louisiana Eastern District