September 09, 2019
Ninth Circuit Sides with the FDIC over Ownership of Tax Refunds
An appeal in the Ninth Circuit did not reach the issue to be decided by the Supreme Court in <em>Rodriguez</em>.
9th CircuitSeptember 05, 2019
Fifth Circuit Invokes ‘Policies’ in Ruling on Subordination under Section 510(b)
Policy informs the result when the statutory language is ambiguous.
5th CircuitSeptember 04, 2019
Another Judge Clamps Down on Third-Party Releases in a Major Reorganization
Extinguishing contingent environmental claims doesn’t comply with the Sixth Circuit’s Dow Corning test, Judge Koschik says.
6th Circuit, Ohio, Ohio Northern DistrictSeptember 03, 2019
Section 363 Doesn’t Apply to Asset Sales in a Chapter 11 Plan, Judge Garrity Rules
Section 363(o) claims nonetheless must be counted in deciding whether a chapter 11 plan passes the best interests test.
August 29, 2019
‘Related To’ Jurisdiction Is Measured When the Suit Is Filed, Not Later, Circuit Says
Even though subject matter jurisdiction persists when there is no longer an effect on the estate, the court may exercise discretion to dismiss, the Fifth Circuit says.
5th CircuitAugust 28, 2019
Fifth Circuit to Rule on Whether Increased U.S. Trustee Fees Are Retroactive
Another bankruptcy judge rules that the increase in U.S. Trustee fees does not apply to pending chapter 11 cases.
5th CircuitAugust 27, 2019
Location of Assets in the U.S. Doesn’t Defeat COMI in the Cayman Islands
Madoff feeder fund allowed to conduct primary liquidation in the Cayman Islands.
August 21, 2019
Chapter 7 Debtor’s Counsel Permitted to Defend Creditors in Avoidance Suits
Bankruptcy Judge Carol A. Doyle parses the limited duties of a chapter 7 debtor to the estate.
August 20, 2019
District Court Overrides Arbitration on Disputes Regarding Defective Proofs of Claim
Someday, the Supreme Court will decide whether bankruptcy has an exemption from arbitration not available in ordinary commercial litigation.
August 19, 2019
A Michigan Stay Opinion Raises Contempt Issues from the Supreme Court
Does inaction or refusal to turn over estate property absent a turnover order violate the automatic stay?