Rochellel's Daily Wire

July 27, 2017

Chicago Judge Writes a Primer on Recharacterization and Equitable Subordination

Insiders were protected in making loans to a failing company.

7th Circuit, Illinois, Illinois Northern District

July 26, 2017

Massachusetts Judge Limits Chapter 13 Debtor’s Standing to Sue

Chapter 11 committees achieve standing more readily than chapter 13 debtors.

1st Circuit, Massachusetts

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

July 24, 2017

IRA Sold After Filing Loses Its Exemption in Chapter 7, Not Just Chapter 13

Fifth Circuit rule effectively precludes selling exempt property until the case is closed, if not later.

5th Circuit

July 21, 2017

Jurisdiction Continues After Confirmation to Complete a Pending Lawsuit

Third Circuit says ‘related to’ jurisdiction can’t be destroyed by subsequent events.

3rd Circuit

July 20, 2017

Co-Conspirator’s Intent Is Enough for Nondischargeability, Fifth Circuit Holds

A ‘no harm, no foul’ stay violation is harmless error.

5th Circuit

July 19, 2017

Goods Delivered Directly to a Debtor’s Customers Never Qualify for 503(b)(9)

Judge Shannon writes an important decision for the era of ecommerce.

3rd Circuit, Delaware

July 18, 2017

Boston Judge Identifies a Potential Constitutional Infirmity in PROMESA

The automatic stay as applied might sometimes deny constitutional equal protection, judge says.

1st Circuit, Puerto Rico

July 17, 2017

Ninth Circuit Joins Minority in Allowing Sales Free & Clear of Leases

Adequate protection is a ‘powerful check’ on selling real estate free of leases, circuit says.

9th Circuit

July 17, 2017

Trustee Can’t Evict Debtors in Advance of Selling Their Home, Sixth Circuit Rules

Debtors have standing for a motion compelling a trustee to abandon.

6th Circuit