March 30, 2020
Puerto Rico Bondholders Lose Another Appeal in the First Circuit
The First Circuit shows no inclination to allow creditors to bust out of the PROMESA restructuring of Puerto Rico’s debt.
1st CircuitMarch 26, 2020
In the Minority, 8th Circuit BAP Disregards Equitable Considerations in Allowing Default Interest
As long as the rate is legal under state law, considerations of equity will not allow a court to disallow default interest to an oversecured creditor under Section 506(b).
8th CircuitMarch 20, 2020
Two Circuits Hold that a Debt Buyer Can Be a ‘Debt Collector’ Under the FDCPA
Even the dissenter in the Ninth Circuit would not let a debt buyer off the hook if the complaint were properly pleaded.
9th CircuitFebruary 13, 2020
Seventh Circuit: Reclamation Claims Are Subordinate to DIP Financing
The 2005 amendments to Section 546(c) departed from state law under UCC § 2-702 by creating a federal rule making reclamation claims subordinate to existing secured claims and DIP financing.
7th CircuitFebruary 04, 2020
First Circuit’s Traditional Approach to Section 552 Cuts Off Bondholders’ Liens
Employer contributions to Puerto Rico’s retirement system did not qualify as ‘special revenues,’ with the result that bondholders’ liens were cut off on the filing date.
1st CircuitJanuary 15, 2020
A Prior BAP Opinion Is Virtually Binding on a Later BAP Panel
A later First Circuit BAP panel should follow BAP authority unless the prior opinion seems “dead wrong.”
1st CircuitDecember 30, 2019
Third Circuit Issues an Important Decision on Liquidation of Repo ‘Credit Enhancements’
Appeals court upholds finding that the mortgage securities market in 2007 was declining, not dysfunctional.
3rd CircuitDecember 03, 2019
Fifth Circuit Revokes a Controversial Opinion with Dicta on the Solvent-Debtor Exception
Fifth Circuit upholds its prior ruling that disallowing part of a claim under the Bankruptcy Code does not render the claim ‘impaired’ to allow voting on a chapter 11 plan.
5th CircuitDecember 02, 2019
First Circuit Explains How to Avoid Liability for an Underfunded Pension Plan
To avoid liability for an underfunded pension plan, the First Circuit describes a structure for investors to employ when buying a sick company
1st CircuitOctober 11, 2019
‘Holder Rule’ Protects Debtors from Claims by Subsequent Holders of Consumer Paper
Holder in due course of consumer paper remains subject to the debtor’s claims against the originator of the paper.
5th Circuit, Texas, Texas Northern District