December 03, 2019
Fifth Circuit Revokes a Controversial Opinion with Dicta on the Solvent-Debtor Exception
Fifth Circuit upholds its prior ruling that disallowing part of a claim under the Bankruptcy Code does not render the claim ‘impaired’ to allow voting on a chapter 11 plan.
5th CircuitDecember 02, 2019
First Circuit Explains How to Avoid Liability for an Underfunded Pension Plan
To avoid liability for an underfunded pension plan, the First Circuit describes a structure for investors to employ when buying a sick company
1st CircuitNovember 22, 2019
Committee Members Must Disclose the True Extent of Their Claims, Judge Says
The claim of a member of a creditors’ committee was subordinated because she evaded disclosure that her claims would consume the entire estate.
9th Circuit, California, California Central DistrictNovember 21, 2019
Receivership Court May (Sometimes) Bar the Filing of an Involuntary Bankruptcy
Court weighs the relative advantages of receivership versus bankruptcy in deciding whether to bar the filing of an involuntary bankruptcy.
7th Circuit, Illinois, Illinois Northern DistrictNovember 18, 2019
Supreme Court Grapples with ‘Finality’ in Ritzen v. Jackson Masonry
Justices may narrow Bullard by drawing back from the requirement that finality requires a change in the status quo.
Supreme CourtNovember 15, 2019
First Circuit Starkly Holds that Tuition for an Adult Child Is a Fraudulent Transfer
The case in the appeals court apparently did not involve a student account structured to prevent the college from being the initial recipient of a fraudulent transfer.
1st CircuitNovember 13, 2019
A Motion to Dismiss an Involuntary Petition Only Postpones Filing a Creditor List
Ninth Circuit BAP balances the need for quickly dealing with an involuntary petition against the petitioners’ right to discovery and a list of creditors.
9th CircuitNovember 12, 2019
First and Second Circuits Agree: Trustees Alone May Sue Ponzi Scheme Net Winners
Rulings by the First and Second Circuits ensure that recoveries by a Ponzi scheme trustee will be distributed to all victims, not just those who sue on their own.
November 07, 2019
One Owner May Strip a Lien Off Property Owned JTWROS, Judge Huennekens Says
Courts disagree on lien stripping by one owner of entireties property and jointly owned property.
4th Circuit, Virginia, Virginia Eastern DistrictNovember 05, 2019
Case Shows How Taggart Tilted the Scale Toward Lenders Accused of Contempt
An ambiguous demand letter violated the discharge injunction, but the lender was not held in contempt in light of Taggart.
6th Circuit, Michigan, Michigan Western District