October 02, 2019
Proceedings for Contempt Discharge Held Not Subject to Arbitration
Florida case raises the question of whether the Supreme Court will eventually give bankruptcy a general exemption from arbitration, or an exemption only for core proceedings.
11th Circuit, Florida, Florida Middle DistrictSeptember 26, 2019
Another Court Limits ‘Related To’ Jurisdiction Based on Indemnification Claims
W.R. Grace makes more law on channeling injunctions.
3rd Circuit, DelawareSeptember 24, 2019
Section 505(a) Doesn’t Confer Jurisdiction to Determine Amount of a Tax, Circuit Says
Seventh Circuit splits with other circuits on basis for jurisdiction to determine the amount of a tax.
7th CircuitSeptember 23, 2019
Circuit Finds No Successor Liability from Buying Assets and Continuing the Business
Continuing the business after buying the assets from the lender at a foreclosure sale doesn’t bring successor liability.
8th CircuitSeptember 20, 2019
BAP Decision Previews Issues Confronting the Supreme Court in Ritzen
Professing to follow Ritzen, Sixth Circuit BAP reverts to a more pragmatic approach to ‘finality.’
Supreme CourtSeptember 19, 2019
Sometimes, a Claim Purchaser Can’t File a Claim, Delaware Judges Say
Judges Stark and Carey from Delaware distinguish between prohibiting the power and the right to assign a claim.
3rd Circuit, DelawareSeptember 18, 2019
New Jersey Tax Foreclosures Can Be Preferences, Third Circuit Rules
Although a foreclosure sale can be immune from fraudulent transfer attack, a tax foreclosure not based on the value of the property can be a preference.
3rd Circuit, New JerseySeptember 17, 2019
Second Circuit Explains when Default Judgments Qualify for Issue Preclusion
Discovery abuse in a prior lawsuit can result in nondischargeability in a later bankruptcy.
2nd CircuitSeptember 13, 2019
‘Close Nexus’ Test Doesn’t Apply to Liquidating Trusts After Confirmation
‘Conceivable effect’ test for ‘related to’ jurisdiction continues to apply to liquidating trusts after confirmation of a chapter 11 plan.
10th CircuitSeptember 11, 2019
Non-Debtor’s Creditors Must Have Notice of Substantive Consolidation, Circuit Says
Equitable nature of substantive consolidation requires notice to creditors of non-debtors who might be affected.
9th Circuit