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

September 21, 2017

Survivor’s Pension Benefits Are Not ‘Retiree Benefits’ Protected by Section 1114

Judge uses legislative history because Section 1114 is ambiguous.

2nd Circuit, New York, New York Southern District

September 15, 2017

State Laws on Tracing Determine Whether Tax Refunds Are Exempt

Differing state laws govern the exemption of tax refunds for individuals.

9th Circuit, California, California Southern District

August 16, 2017

Commissions Earned After Bankruptcy Are Estate Property

State law doesn’t ultimately control what is or isn’t estate property.

9th Circuit

August 08, 2017

Third Circuit Adopts High Standard for WARN Act Liability

Six circuits now require probability of layoffs as a condition to WARN Act liability.

3rd Circuit

July 14, 2017

Tenth Circuit’s Narrow View of Automatic Stay Erodes Estate Property

Tenth Circuit is in the minority by requiring affirmative action for a stay violation.

June 13, 2017

Debtor Must Turn Over a Portion of Accrued Vacation Pay to the Trustee, District Judge Holds

The value of prepaid family expenses belongs to the trustee, even without being a fraudulent transfer.

9th Circuit, Arizona

May 11, 2017

Second Circuit Describes When Claims Based on Securities Are Subordinated

Lehman workers barred from making claims based on worthless stock awards.

2nd Circuit

April 25, 2017

Police Power Exception Doesn’t Apply to Suits by Private Attorneys General

Private suits to enforce state labor laws are halted by the automatic stay, circuit holds.

9th Circuit

April 14, 2017

Res Judicata Bars Later Suit Against the Owner for WARN Act Violation

Owners and employers should be sued together on the WARN Act to avoid claim splitting.