October 18, 2017

Ninth Circuit Creates Split on Appellate Standard for ‘Consumer Debt’ Determination

Dissenter contends that the majority misread the circuit’s own precedent.

9th Circuit

October 17, 2017

A Future Advance Clause Saved a Loan from Being Unperfected

Potential harm to the debtor is not a factor in deciding to avoid an unperfected lien.

5th Circuit, Texas, Texas Western District

October 10, 2017

Supreme Court Won’t Settle Circuit Split on Transfer to a Debtor’s Own Account

Fourth Circuit splits with the Ninth and Tenth on ‘what is a transfer?’

Supreme Court

September 29, 2017

No New Bankruptcy Cases Have Been Added to Supreme Court Docket — Not Yet, at Least

Several cases are in the running for Supreme Court review this term or next.

Supreme Court

September 22, 2017

Ninth Circuit Sits En Banc to Eradicate or Deepen a Loophole in PACA

Circuit split pits the Ninth Circuit against three sister circuits on a crucial PACA issue.

9th Circuit

September 14, 2017

Third-Party Releases Approved Without Awaiting the Outcome of Merit Management

Third-party releases would have been approved even if there were no ‘safe harbor’ defense.

3rd Circuit, Pennsylvania, Pennsylvania Western District

September 06, 2017

Courts Can’t Sanction Debt Collectors for Filing Stale Claims after Midland Funding

The Code or rules must change to bar debt collectors from filing stale claims, Judge Dow says.

8th Circuit, Missouri, Missouri Western District

August 24, 2017

Second Circuit Upholds Denial of Arbitration in the Bankruptcy Context

Second Circuit holds a dress rehearsal for a major arbitration decision.

2nd Circuit

August 22, 2017

Arbitration Ordered Although Creditor Filed a Proof of Claim

District court orders arbitration to avoid constitutional infirmities in bankruptcy court’s power to determine a claim against a creditor.

8th Circuit, Arkansas, Arkansas Eastern District

August 04, 2017

‘Cert’ Petition Seeks to Resolve Circuit Split on What’s a ‘Transfer’

High court should grant review to ensure fraudsters don’t escape consequences.

Supreme Court