February 23, 2017

For Insufficient Notice, a Recorded Right of First Refusal Survived a Sale

Constructive notice deprived a purchaser of ‘bona fide’ status.

7th Circuit, Wisconsin, Wisconsin Eastern District

February 20, 2017

Constructive Trust Theory Fails Without Showing Unjust Enrichment

Parents who benefitted from son’s secret ownership couldn’t claim title.

2nd Circuit, New York, New York Eastern District

January 05, 2017

Lease Rejection Cap Doesn’t Apply to Past-Due Rent Accrued Before Rejection

Ninth Circuit refuses to apply Section 506(b)(6) to all damages related to lease claims.

9th Circuit

December 23, 2016

Judge Posner Says Chapter 13 Confirmation Doesn’t Make Appeals Moot

Entireties ownership wasn’t terminated by transfer to a trust owned by the entireties.

7th Circuit

November 08, 2016

Ninth Circuit Now Requires Paying Default Interest to Cure a Default

Divided panel holds that Section 1123(d) overruled Entz-White.

9th Circuit

October 20, 2016

Profit-Sharing Clause Unenforceable in a Bankruptcy Lease Auction

Provision depressing debtor’s income at a lease auction is unenforceable under Section 365(f).

2nd Circuit, New York, New York Southern District

April 15, 2016

Courts Split on Chapter 13 Debtors’ Rights under Section 108(b)

Chattanooga judge takes pity on a debtor about to lose her home in a tax sale.

6th Circuit, Tennessee, Tennessee Eastern District

March 10, 2016

Ruling on Texas Law, New York Judge Upsets Oil and Gas Pipelines

Protections for oil and gas pipelines undermined in Sabine Oil reorganization.

2nd Circuit, New York, New York Southern District

January 06, 2016

Fifth Circuit Clarifies Rule on Surcharging Collateral Under Section 506(c)

Specific intent to benefit the lender not required before surcharging collateral.

5th Circuit