Skip to main content
ABI Journal

August 14, 2019

Default Judgments Are (Sometimes) Nondischargeable Under Issue Preclusion

If the parties litigate but the defendant eventually defaults, the default judgment can result in nondischargeability via issue preclusion, Eleventh Circuit holds.

11th Circuit

August 13, 2019

Eighth Circuit Upholds Backstopped Rights Offerings for Chapter 11 Plans

Appeals court laudably provides guidance for lower courts by ruling on the merits of a chapter 11 plan and not dismissing an appeal for being equitably moot.

8th Circuit

August 12, 2019

In a Bankruptcy Sale, ‘Takings’ Claims Kick in Early

Federal Circuit upholds dismissal of regulatory ‘takings’ claims against New GM.

Federal Circuit

August 06, 2019

First Circuit Puerto Rico Bondholder Opinion Is Primed for Certiorari

Dissenter in the First Circuit recommends that the Supreme Court hear and reverse an opinion allowing Puerto Rico to withhold payments from bondholders.

1st Circuit

August 05, 2019

Shareholders Lack Standing to Appeal in Fifth Circuit, District Judge Holds

Reasonableness of breakup fee is measured by the total contract price, not the amount retained by the debtor.

August 01, 2019

Fifth Circuit Clarifies ‘Admin’ Status for a Drilling Contractor’s Post-Rejection Claims

Appeals court holds that a specific request from the debtor isn’t required to justify allowance of an ‘admin’ claim.

5th Circuit

July 29, 2019

A ‘Plausible’ Claim for a Discharge Violation Is No Longer Sufficient after Taggart

An Alabama case shows how Taggart heightened the pleading standards for a complaint alleging a violation of the discharge injunction.

11th Circuit, Alabama, Alabama Middle District

July 26, 2019

Insurance Policy Excluding Coverage for Causing Bankruptcy Is Unenforceable

A ‘runoff’ policy purchased after filing is a continuation of a pre-bankruptcy policy, district judge says.

6th Circuit, Michigan, Michigan Eastern District

July 25, 2019

Fifth Circuit Bars Creditors’ Own Claims Against Settling Defendants

Fifth Circuit permits bar orders in receiverships while blocking nonconsensual, third-party releases in chapter 11 plans.

5th Circuit

July 24, 2019

Veto Right Made All Directors Liable for Bad Decisions by a Few Directors

Business judgment rule failed to protect directors of a Georgia bank for approving bad loans.

11th Circuit