Skip to main content
ABI Journal

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 Circuit

September 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 Circuit

September 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 District

September 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 Circuit

August 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 Circuit

August 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?