May 30, 2018

Like the Second Circuit, Florida Judge Bars Arbitrating a Class Suit for Discharge Violations

Supreme Court’s subsequent Epic decision casts doubt on opinions overriding arbitration agreements in the bankruptcy context.

11th Circuit, Florida, Florida Middle District

May 24, 2018

Fifth Circuit Issues a Narrow Opinion Requiring Corporate Authority to File a Petition

The appeals court avoids ruling broadly on the ability of a golden share or blocking provision to bar a company from filing bankruptcy voluntarily.

5th Circuit

April 23, 2018

Still No Universal Test for Bifurcating an Auto Loan in Chapter 13

Courts are groping to define ‘personal use’ because Congress didn’t.

6th Circuit, Tennessee, Tennessee Eastern District

March 20, 2018

Flip Clauses in Swaps Held Enforceable by District Judge in New York

For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.

2nd Circuit, New York, New York Southern District

March 13, 2018

Unlicensed Debt Collectors May File Proof of Claim Despite State Law

Midland Funding expanded to allow unlicensed debt collectors to file claims.

4th Circuit, Maryland

March 09, 2018

Second Circuit Bars Arbitration in a Class Action for Violating the Discharge Injunction

New case seems inconsistent with Second Circuit’s prior opinion compelling arbitration over an automatic stay violation.

2nd Circuit

February 27, 2018

Supreme Court Narrowly Interprets the Safe Harbor, Overrules the Majority of Circuits

Intermediate transfers to financial institutions do not trigger the safe harbor.

Supreme Court

February 26, 2018

En Banc, Ninth Circuit Holds: Only ‘True Sales’ of Receivables Comply with PACA

Ninth Circuit reverses its own precedent and eliminates a circuit split by favoring farmers.

9th Circuit

February 16, 2018

A Trademark License Rejection Case May End Up in the Supreme Court

A case on the ability of state law to take property out of the estate after filing may not go to the Supreme Court.

Supreme Court

January 25, 2018

The Validity of a ‘Golden Share’ to Bar a Filing Goes to the Fifth Circuit

The Fifth Circuit is being asked to decide whether loan structuring can prevent a borrower from filing bankruptcy.

5th Circuit, Mississippi, Mississippi Southern District