February 21, 2020
Reinstating a ruling by Bankruptcy Judge Cecelia Morris, the appeals court held that the Manville asbestos trust covers both in rem and in personam claims by ‘future’ claimants against insurers and brokers.
2nd Circuit
February 20, 2020
Appeals court says that using a trust for future asbestos claims rather than a bar order would be cheaper and avoid unnecessary litigation.
3rd Circuit
February 17, 2020
The bankruptcy court had ‘core’ jurisdiction over a dispute between two nondebtor third parties because the litigation involved the interpretation of a financing order.
3rd Circuit
February 13, 2020
The 2005 amendments to Section 546(c) departed from state law under UCC § 2-702 by creating a federal rule making reclamation claims subordinate to existing secured claims and DIP financing.
7th Circuit
February 10, 2020
Delaware’s Judge Owens won’t allow perpetrators of a fraudulent transfer to benefit from avoiding the transfer.
3rd Circuit, Delaware
February 05, 2020
First Circuit rules that an order finding a stay violation must be appealed before the bankruptcy court grants an award of attorneys’ fees.
1st Circuit
January 29, 2020
The one-year discovery clause in UFTA allows a debtor or trustee to file an avoidance suit even if the ordinary four-year statute has elapsed.
3rd Circuit, Delaware
January 27, 2020
Sixth Circuit upholds dismissal of claims for reverse veil piercing and reverse alter ego.
6th Circuit
January 24, 2020
Courts are split on the question of whether the incorporation of AAA rules by reference allows arbitrators to decide threshold questions of arbitrability and validity of an agreement to arbitrate.
4th Circuit, South Carolina
