March 12, 2019

District Judge Finds No Loopholes in Ninth Circuit Aversion to Third-Party Releases

Free-and-clear sale won’t evade the Ninth Circuit’s rule against third-party, non-debtor releases.

9th Circuit, Washington, Washington Western District

March 11, 2019

A Pension Withdrawal Claim Arises Before Withdrawal Occurs, Manhattan Judge Says

Bankruptcy Judge Wiles politely says that the Sixth Circuit reached the correct result for the wrong reason.

2nd Circuit, New York, New York Southern District

March 08, 2019

Statute of Limitations Wasn’t Tolled During Bankruptcy, Sixth Circuit Rules

Sanctions weren’t justified for attempting to collect a time-barred tax claim.

6th Circuit

March 07, 2019

Defectively Executed Mortgages Are [Still] Avoidable in Ohio

Sixth Circuit distinguishes between a trustee’s powers as a bona fide purchaser compared to a hypothetical judicial lienholder.

6th Circuit

March 05, 2019

Seventh Circuit Rules that Section 363(m) Doesn’t Render Appeals Moot

Seventh Circuit overrules two precedents holding that Section 363(m) renders appeals moot.

7th Circuit

March 04, 2019

Chapter 15 Recognition Not Required to Enforce a Foreign Reorganization in the U.S.

Non-debtor, third-party release enforced along with granting international comity.

2nd Circuit, New York, New York Southern District

March 01, 2019

Creating a Split, Sixth Circuit Holds: No Waiver of Immunity for Indian Tribes

A divided panel of the Sixth Circuit holds that Section 106 does not waive sovereign immunity for Indian tribes.

6th Circuit

February 26, 2019

Sixth Circuit Shows Why the Supreme Court Must Reverse Taggart

The appeals court didn’t allow an ambiguous state statute to confer absolution for violating the automatic stay.

6th Circuit

February 22, 2019

Supreme Court Hears Oral Argument on Rejection of Trademark Licenses

Thirty-five years later, the Supreme Court might reverse Lubrizol.

Supreme Court

February 21, 2019

Solvent Debtor Required to Pay Default Interest 9% Above Prime

Equity didn’t favor chopping down the default rate when the debtor emerged from bankruptcy with substantial equity and all creditors were paid in full.

2nd Circuit, New York, New York Southern District