February 24, 2017

Secured Creditors Need Not File Claims in Federal Receiverships, Circuit Holds

Opinion overlooks administrative problems when secured creditors don’t file claims.

11th Circuit

February 23, 2017

Loan Agreement Gives U.S. Court Jurisdiction over Foreign Bank Lender

Few U.S. connections required for ‘specific jurisdiction’ over a foreign lender.

2nd Circuit, New York, New York Southern District

February 07, 2017

Judge Punts on How the Rule of Explicitness Survived Adoption of the Code

Circuits split on whether Section 510(b) killed off the exception to the Rule of Explicitness.

2nd Circuit, New York, New York Southern District

February 02, 2017

Fourth Circuit Follows Pre-Code Law Despite Contrary Legislative History

A bank deposit is only a substitution, not a transfer of property, circuit holds.

4th Circuit

February 01, 2017

District Courts Collide Head-On over Maritime Liens for ‘Necessaries’

Circuit split over maritime liens appears headed for the Supreme Court.

11th Circuit, Florida, Florida Northern District

January 30, 2017

Bankruptcy Management Solutions’ Exclusive Banking Arrangement Upheld in Seventh Circuit

Circuit Judge Posner finds no Bank Holding Company Act violation in exclusive use of Rabobank NA.

7th Circuit

January 26, 2017

Massachusetts District Judge Nixes Notion of Forced Vesting in Chapter 13

District judge hopes novel theories of equity will permit forced vesting.

1st Circuit, Massachusetts

Explicit Provision Required to Maintain Secured Status in a Plan

Creditor lost secured status by sloppy drafting.

7th Circuit, Illinois, Illinois Northern District

January 24, 2017

Litigation Funding Could Be Champertous in Some States

Financing litigation is champertous if the lender exercises control.

4th Circuit, North Carolina, North Carolina Western District

January 23, 2017

Paying Fees from Retainers Doesn’t Require Adequate Protection for Lenders

Judge Erik Kimball explains why retainers are free of lenders’ liens.

11th Circuit, Florida, Florida Southern District