August 10, 2018
First Circuit Gives Puerto Rico Bondholders a Second Bite at the Apple
Puerto Rico’s toll road bonds don’t have statutory liens, circuit court rules.
1st CircuitAugust 09, 2018
FDCPA Applies to Debt Collectors Even if They Own the Debt
Thomas Ambro on the Third Circuit answers a question the Supreme Court left open in <em>Henson v. Santander</em>.
3rd CircuitAugust 08, 2018
Personal Liability for a PACA Trust Is Dischargeable, Judge Mark Says
Courts are split on whether personal liability to produce suppliers results in a nondischargeable debt under Section 523(a)(4).
11th Circuit, Florida, Florida Southern DistrictJuly 11, 2018
Seventh Circuit Opens a Can of Worms on Bankruptcy Sales and Adequate Protection
Do free and clear sales confer interests that are entitled to adequate protection?
7th CircuitJune 21, 2018
Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice
BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.
June 21, 2018
Three Circuits Now Agree: Fuel Subcontractors Don’t Have Maritime Liens
Fifth Circuit goes along with the Second and Eleventh by holding that supplying “necessaries” isn’t enough to justify a maritime lien.
June 15, 2018
Second and Eleventh Circuits Agree: Fuel Subcontractors Don’t Have Maritime Liens
Notions of equity go out the window when the issue is maritime liens.
2nd CircuitJune 15, 2018
Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice
BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.
9th CircuitJune 14, 2018
‘Cert’ Petition Wants Discharge Violations to Be Arbitrated
Petitioner contends the Second Circuit was wrong to bar arbitration in view of the Supreme Court’s decision in Epic Systems.
Supreme CourtJune 13, 2018
Bankruptcy Courts May Issue ‘Consent Directives,’ Ninth Circuit BAP Says
BAP equates discovery powers of bankruptcy courts with district courts and federal agencies.
9th Circuit