July 23, 2019
Delaware District Court Doesn’t Want 2,400 Johnson & Johnson Talcum Powder Suits
The Pacor test for ‘related to’ jurisdiction isn’t so broad when it comes to indemnification agreements.
3rd Circuit, DelawareJuly 19, 2019
Increased U.S. Trustee Fees Stick to ‘Revolvers’ but Not to Pending Cases
Seventh Circuit reverses and imposes the U.S. Trustee fee on ‘revolver sweeps,’ but Judge Huennekens rules that the fee increase violates two clauses in the Constitution.
7th CircuitJuly 17, 2019
Equitable Factors Result in Disallowance of Default Interest on a Fully Secured Claim
Caselaw on disallowance of default interest is “murky,” Chief Judge Norton says.
8th Circuit, Missouri, Missouri Western DistrictJuly 16, 2019
Liquidation Value Required in a Chapter 12 Cramdown
Idaho judge seems to disagree with the Second Circuit’s ruling that a chapter 12 debtor can surrender less than all of the collateral to confirm a plan.
9th Circuit, IdahoJuly 15, 2019
Ninth Circuit BAP Allows a Complaint to Revoke Discharge After 180 Days
The Ninth Circuit BAP follows a Pennsylvania bankruptcy court decision with facts more similar than those in Ninth Circuit precedent.
9th CircuitJuly 10, 2019
Surety Beats Out the Bank in a Tussle over Retainage in a Construction Contract
Mississippi’s Judge Samson writes a treatise on the priorities between a secured lender and the provider of a payment and performance bond.
5th Circuit, Mississippi, Mississippi Southern DistrictJuly 09, 2019
Supreme Court to Tackle a Bankruptcy Tax Refund Circuit Split
Circuits are split on whether a tax refund presumptively goes to the subsidiary that created the losses giving rise to the refund.
Supreme CourtJuly 05, 2019
New York Judge Refuses to Waive Collateralization for Debtors’ Bank Accounts
In a large ‘prepack,’ the debtor was required to spend $80,000 a month for its depository bank to obtain a bond required by Section 345(b).
2nd Circuit, New York, New York Southern DistrictJuly 03, 2019
The Debtor or Trustee Control the Privileges of an Independent Audit Committee
As his parting shot, Judge Carey requires turnover of almost everything in the files of professionals for an independent audit committee.
3rd Circuit, DelawareJuly 03, 2019
Supreme Court Denied ‘Cert.’ on Termination of Retiree Benefits
The Eleventh Circuit had held that coal producers can sell assets and insulate the buyer from liability for paying retirees’ health benefits.
Supreme Court