July 31, 2018

Ninth Circuit Requires Explicit Objection to Avoid Forfeiting an Appeal

Ethical issues abound when a committee counsel’s own financial interest conflicts with its client’s interests.

9th Circuit

July 30, 2018

A Convert Joins the Minority Interpretation of the Repeat-Filing Stay Termination

Bankruptcy Judge Colleen A. Brown of Burlington, Vt., changes her position on Section 362(c)(3)(A).

2nd Circuit, Vermont

July 27, 2018

Tax Foreclosure in New York Can Be a Fraudulent Transfer, District Judge Says

The Supreme Court’s BFP opinion on mortgage foreclosures held not applicable to tax foreclosures in New York.

2nd Circuit, New York, New York Western District

July 26, 2018

California Judge Won’t Allow ‘Chapter 20’ to Work Its Magic

Opinion doesn’t cite contrary Ninth Circuit and BAP authority permitting ‘chapter 20.’

9th Circuit, California, California Central District

July 26, 2018

Specific Request Required for ‘Admin’ Claim after Contract Rejection

A creditor’s expenses in removing its equipment after contract rejection is not entitled to administrative status.

5th Circuit, Louisiana, Louisiana Eastern District

July 25, 2018

Dismissing a Bankruptcy Won’t Fend Off Invocation of Judicial Estoppel

Eleventh Circuit holds that dismissing bankruptcy comes too late if claims weren’t disclosed.

11th Circuit

July 24, 2018

Sixth Circuit Expounds on a Loophole in the Rooker-Feldman Doctrine

Bankruptcy court may overrule a state court that rules incorrectly on the discharge of a debt.

6th Circuit

July 23, 2018

A Casually Written Email by Counsel Can Be an Agreement in the Second Circuit

Mediation can result in a binding settlement even without a written agreement.

2nd Circuit

July 20, 2018

Profit Sharings in Leases Are Unenforceable Anti-Assignments, Third Circuit Says

Third Circuit upholds Delaware’s Judge Gross by nixing profit-sharing agreements under Section 365(f)(1).

July 19, 2018

Two Courts Seemingly Differ on the Nature of Puerto Rico’s PROMESA Proceedings

Bondholders won a skirmish but may still lose the war with Puerto Rico.