July 03, 2019

Supreme Court Denied ‘Cert.’ on Termination of Retiree Benefits

The Eleventh Circuit had held that coal producers can sell assets and insulate the buyer from liability for paying retirees’ health benefits.

Supreme Court

April 01, 2019

Payments Under the NFL’s Brain Injury Settlement Are Held Exempt on Appeal

Former NFL players with neurological impairment can file bankruptcy and exempt payments under league’s concussion settlement.

11th Circuit, Florida, Florida Southern District

March 11, 2019

A Pension Withdrawal Claim Arises Before Withdrawal Occurs, Manhattan Judge Says

Bankruptcy Judge Wiles politely says that the Sixth Circuit reached the correct result for the wrong reason.

2nd Circuit, New York, New York Southern District

January 07, 2019

Eleventh Circuit Allows Termination of Retiree Benefits in a Chapter 11 Liquidation

Operations must continue for a debtor to invoke Section 1114 in a chapter 11 liquidation, Eleventh Circuit says.

11th Circuit

November 08, 2018

New Jersey Judges Side with the Minority on Turnover of Repossessed Autos

Split deepens regarding failure to return a repossessed auto as an automatic stay violation.

3rd Circuit, New Jersey

October 18, 2018

Tenth Circuit Opinion Can Be the Springboard for a ‘Cert’ on the Automatic Stay

Circuit split is widening on whether inaction can be a violation of the automatic stay.

10th Circuit

August 03, 2018

Covenant Not to Compete Survives a Chapter 7 Discharge, Judge Nugent Says

Breaching a covenant not to compete does not give rise to a claim, because the primary remedy is equitable.

10th Circuit, Kansas

July 03, 2018

Payments Under the NFL’s Brain Injury Settlement Are Exempt, Florida Judge Rules

Compensation for brain injury is a disability payment, not payment on a tort claim.

11th Circuit, Florida, Florida Southern District

June 11, 2018

Bankruptcy Code Preempts State Law Invalidating KERPs, Delaware Judge Says

A waiver in a KERP is enforceable even if it violates state labor law, Judge Carey rules.

3rd Circuit, Delaware

December 20, 2017

Fourth Circuit Ducks a Split on Pension Contributions in Chapter 13

Sixth Circuit remains the only appeals court to preclude all pension contributions after a chapter 13 filing.

4th Circuit