December 14, 2017

Due Process Violations Can Be Waived by Inaction, Eleventh Circuit Says

Motion for reconsideration must be made promptly, or due process violation will evaporate.

11th Circuit

December 13, 2017

Eleventh Circuit Requires No Objection to Overturn a Final Confirmation Order

Split decision allows a lender to take property out of an estate automatically.

11th Circuit

December 13, 2017

Sixth Circuit Has Simple Requirement for a Debtor’s Claim to Survive Confirmation

If creditors want more information about a lawsuit to pursue after confirmation, they must ask for it.

6th Circuit

December 12, 2017

Courts Shifting to Say Corporate ‘S’ Status Is Not Property

Virginia judge sides with Third Circuit to hold that ‘S’ status is not a corporate debtor’s property.

4th Circuit, Virginia, Virginia Eastern District

December 11, 2017

Inventory Liens Always Prevail over Reclamation Claims, Indianapolis Judge Says

BAPCPA amendments were a mess but cleaned up one issue on reclamation, according to Judge Graham.

7th Circuit, Indiana, Indiana Southern District

December 08, 2017

New York Judge Bars Use of Chapter 15 to Disrupt a Foreign Bankruptcy

‘Bankruptcy tourism’ seems unaffected by an unusual cross-border insolvency.

2nd Circuit, New York, New York Southern District

December 08, 2017

Circuits Split on Appellate Standard for Finding of ‘Indubitable Equivalent’

Equitable defenses can bar payment of interest on a fully secured claim, Fourth Circuit holds.

4th Circuit

December 07, 2017

Chicago Strikes Out on Priority Status for Post-Petition Parking Fines

Clever drafting of chapter 13 plans prevents collection of post-petition parking fines.

7th Circuit, Illinois, Illinois Northern District

December 06, 2017

Eleventh Circuit Joins Ninth in Allowing Appellate Counsel Fees for a Stay Violation

Circuit court broadly interprets fee shifting in Section 362(k) for a willful stay violation.

11th Circuit

December 06, 2017

Fuel Subcontractor Denied Maritime Lien by the Eleventh Circuit

Upcoming Second Circuit decision will say whether there’s a circuit split arising from the O.W. Bunker bankruptcy.

11th Circuit