January 17, 2018

Properly Read, Seventh Circuit Opinion Does Not Undercut DIP Financing

Opinion does not mean that a DIP financing lien terminates when collateral is transferred.

7th Circuit

December 21, 2017

Courts Split on Ability to Redeem a Tax Deed Under a Plan

Another court rules on automatic removal of property from the estate under state law.

11th Circuit, Georgia, Georgia Northern District

December 21, 2017

Courts Split on Ability to Redeem a Tax Deed Under a Plan

Another court rules on automatic removal of property from the estate under state law.

December 14, 2017

Due Process Violations Can Be Waived by Inaction, Eleventh Circuit Says

Motion for reconsideration must be made promptly, or due process violation will evaporate.

11th Circuit

December 13, 2017

Eleventh Circuit Requires No Objection to Overturn a Final Confirmation Order

Split decision allows a lender to take property out of an estate automatically.

11th Circuit

December 06, 2017

Fuel Subcontractor Denied Maritime Lien by the Eleventh Circuit

Upcoming Second Circuit decision will say whether there’s a circuit split arising from the O.W. Bunker bankruptcy.

11th Circuit

November 20, 2017

Owning a Home Through an LLC Can Preclude a Homestead Exemption

State laws vary on allowing homestead status for a house owned through an LLC.

2nd Circuit, Vermont

November 13, 2017

PACA Trust Claims Don’t Defeat the Power to Use Cash Collateral

PACA trust creditors can’t hold a chapter 11 debtor hostage, judge rules.

6th Circuit, Michigan, Michigan Western District

November 07, 2017

Supreme Court Primed to Hold Safe Harbor Inapplicable if Bank Is a ‘Mere Conduit’

Justices search for a ruling that limits Section 546(e) but isn’t too broad.

Supreme Court

October 23, 2017

Second Circuit Splits with Third on Makewholes Occasioned by Bankruptcy

Till doesn’t apply in fixing cramdown interest rates in major corporate reorganizations, circuit says.

2nd Circuit