May 21, 2019
Supreme Court Agrees to Rule on What Is or Is Not a ‘Final, Appealable’ Order
For now, the high court ducks an important automatic stay question for chapter 13 debtors.
Supreme CourtMay 20, 2019
Licensee May Continue Using a Trademark after Rejection, Supreme Court Rules
Supreme Court gets around to overruling Lubrizol almost 35 years later.
Supreme CourtMay 17, 2019
Discretionary Bonuses Are Not Per Se Fraudulent Transfers
Discretionary bonuses by an insolvent employer are not automatically fraudulent transfers, Judge Silverstein says.
3rd Circuit, DelawareMay 14, 2019
Circuits Split on Bankruptcy Jurisdiction for Social Security, Medicare Suits
Fifth Circuit rejects the ‘recodification canon’ to divest bankruptcy courts of jurisdiction over Social Security suits.
5th CircuitMay 10, 2019
Disclosing an Asset in the Wrong Place Won’t Invoke Judicial Estoppel, Circuit Says
Second Circuit won’t give a defendant a windfall if the debtor scheduled the lawsuit in the wrong place but told the trustee and the court.
2nd CircuitMay 09, 2019
Creditors of LPs or LLCs Can’t Sue for Breach of Fiduciary Duty
Creditors lack standing in Delaware and other states for derivative liability suits against officers and managers of LPs and LLCs.
3rd Circuit, DelawareMay 08, 2019
Appellate Jurisdiction Doesn’t Terminate on Dismissal of the Underlying Bankruptcy
New Orleans district judge finds discretion in Fifth and Ninth Circuit authority for jurisdiction over an appeal after dismissal of the underlying bankruptcy case.
5th Circuit, Louisiana, Louisiana Eastern DistrictMay 06, 2019
Ninth Circuit Uses a Technicality to Keep a ‘Marijuana’ Case Alive
If a ‘marijuana’ case dodges a motion to dismiss, objecting to confirmation is too late, the Ninth Circuit says.
9th CircuitMay 03, 2019
A Cash Collateral Carveout Doesn’t Automatically Make a Bank Liable for Fees
Bankruptcy Judge Lloyd limits a recent Sixth Circuit opinion to its facts in holding that a bank was not liable to pay professional fees from a cash collateral carveout.
6th Circuit, Kentucky, Kentucky Western DistrictMay 01, 2019
Equity Can’t Alter the Three Petitioning Creditors Requirement, First Circuit Rules
Even if a debtor has committed fraud, at least three creditors still must join an involuntary petition if the debtor has 12 or more creditors.
1st Circuit