July 25, 2017

‘Bar Order’ Precluding Creditors’ Independent Claims Disapproved in Chapter 7 Settlement

Massachusetts judge explores the circuit split on barring creditors’ direct claims against non-bankrupt third parties.

1st Circuit, Massachusetts

June 19, 2017

To Establish Record Dates, the Plan Applies, Not Securities Regulations

Established practice governing distributions is upheld in Delaware district court.

3rd Circuit, Delaware

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

February 24, 2017

Secured Creditors Need Not File Claims in Federal Receiverships, Circuit Holds

Opinion overlooks administrative problems when secured creditors don’t file claims.

11th Circuit

February 17, 2017

Circuits Now Split on Dischargeability for Third Party’s Violation of Securities Laws

Eleventh Circuit panel divided on reaching alternative holding under Section 523(a)(19).

11th Circuit

January 27, 2017

Clever Pleading Won’t Allow Individual Creditors to Sue, Madoff District Judge Says

Decision draws the line between common claims and those particular to individual creditors.

2nd Circuit, New York, New York Southern District

August 30, 2016

Ninth Circuit to Rule on ‘Related To’ Removal of Securities Lawsuits

Ninth Circuit can split with the Second on bar to removal of suits under the ’33 Securities Act.

9th Circuit, California, California Northern District

August 26, 2016

Ninth Circuit Holds that 510(b) Subordination Applies to Individual Debtors

Ninth Circuit follows the Second Circuit and rejects the Ninth Circuit B.A.P.

9th Circuit

May 06, 2016

Tender Offers in Bankruptcy Pass Muster in the Third Circuit

Third Circuit holds again that equal treatment is not required in settlements.

3rd Circuit

February 19, 2016

Madoff Trustee Beats Back Another End Run Around $7.2 Billion Settlement

Someone who pays $7.2 billion is entitled to a court’s sympathy and protection.

2nd Circuit, New York, New York Southern District