October 11, 2017

Inaccurate Disclosure Nixes a $275 Million Energy Future Breakup Fee Approved a Year Earlier

Breakup fee cannot be paid if the court or regulators disapprove a proposed sale.

3rd Circuit, Delaware

October 10, 2017

In a Circuit Split, Ninth Circuit Tags Innocent Sellers with Fraudulent Transfer Liability

Split decision refuses to invoke ‘equity’ to override a policy choice made by Congress.

9th Circuit

October 10, 2017

Supreme Court Won’t Settle Circuit Split on Transfer to a Debtor’s Own Account

Fourth Circuit splits with the Ninth and Tenth on ‘what is a transfer?’

Supreme Court

October 09, 2017

Bankruptcy Court Finds Constitutional Power to Grant Releases in Confirmation Orders

Delaware bankruptcy judge disagrees with district court on final adjudicatory power to include third-party releases in confirmation orders.

3rd Circuit, Delaware

October 06, 2017

Circuits Split, Judge Teel Earmarks Collateral Surcharges for All ‘Admin’ Creditors

Law v. Siegel didn’t insulate professionals from disgorging interim fee awards.

D.C. Circuit, District of Columbia

October 05, 2017

No Statutory Fees for Standing Chapter 13 Trustees if Dismissal Precedes Confirmation

With no circuit authority, lower courts are split on the fate of standing trustees’ fees when a chapter 13 case is dismissed before confirmation.

October 04, 2017

Counsel Must Eat Filing Fees in ‘No-Money-Down’ Chapter 13s

Lawyers can’t be reimbursed for advancing filing fees through fee applications or ‘no-look’ fees.

5th Circuit, Louisiana, Louisiana Western District

October 03, 2017

Previously Listing Property as a Principal Residence Didn’t Preclude a Later Cramdown

Limited knowledge of English and ‘nuances’ in legal terms saved debtor from a fatal admission.

2nd Circuit, New York, New York Eastern District

October 02, 2017

Constructive Eviction Is Ok to Protect Estate Property, Even Without a Court Order

Third Circuit gives immunity to a trustee for unilateral action protecting estate property.

3rd Circuit

September 29, 2017

No New Bankruptcy Cases Have Been Added to Supreme Court Docket — Not Yet, at Least

Several cases are in the running for Supreme Court review this term or next.

Supreme Court