January 26, 2017

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

January 19, 2017

Second Circuit Blesses a Nonconsensual Out-of-Court Restructuring

Appeals court focuses on the methods, not the result, in looking for a TIA violation.

2nd Circuit

January 17, 2017

Supreme Court Hears Argument on Stale Claims and the FDCPA

Debtors have an uphill fight for the Supreme Court to ban the filing of stale claims.

Supreme Court

January 12, 2017

New York District Judges Are Split on Drawing Inferences of Fraud from Executives

Reversed by one district judge, Bankruptcy Judge Gerber was lauded by another on the same issue.

2nd Circuit, New York, New York Southern District

January 11, 2017

Circuit and District Courts Split on Maritime Liens in the Wake of Bankruptcy

O.W. Bunker bankruptcy tees up decisive Second Circuit rulings on liens for ‘necessaries.’

2nd Circuit, New York, New York Southern District

January 10, 2017

Delaware Judge Disregards Committee Fee Cap if a Chapter 11 Plan Is Confirmed

Standard carveout only limits committee counsel fees if no chapter 11 plan is confirmed.

3rd Circuit, Delaware

January 04, 2017

Solicitor General Supports the Debtor in Midland Funding on FDCPA Violation

Government says that filing a stale bankruptcy claim violates the FDCPA.

Supreme Court

December 28, 2016

‘All Assets’ Combined with ‘Including’ Makes a UCC-1 Bulletproof, Circuit Says

Even if location is wrong, financing statement is sufficient by saying ‘all assets.’

2nd Circuit