Rochellel's Daily Wire

February 09, 2016

United Operating Only Protects Creditors and Shareholders, Bankruptcy Judge Holds

Restriction on post-confirmation suits is further limited in the Fifth Circuit.

5th Circuit, Texas, Texas Southern District

February 08, 2016

FDCPA Held Applicable to Violations of Discharge Injunction

Debtor-friendly FDCPA opinion gains traction beyond the Second Circuit.

11th Circuit, Florida, Florida Middle District

February 08, 2016

Florida Bankruptcy Judge Splits with Seventh Circuit on Attorney/Client Privilege

Client questionnaires are held to be protected by the attorney/client privilege.

11th Circuit, Florida, Florida Southern District

February 05, 2016

Lender Protected from Forced Vesting of Title; Debtors Win on Fees and Repeat Filings

Debtors notch three wins and lose once in significant consumer cases.

Supreme Court

February 04, 2016

Successor Liability Overrides Sale Free and Clear on Labor Law Claim

363 sale provides no protection from a union’s claim for successor liability.

9th Circuit, Washington, Washington Western District

February 04, 2016

Subjective Bad Faith Alone Is Sufficient to Warrant Dismissal

District judge reads the tea leaves on Second Circuit standard for dismissal.

2nd Circuit, Connecticut

February 03, 2016

Delaware Judge Categorically Bars All Counsel from Compensation for Defense of Fees

Artful drafting cannot evade ASARCO to reimburse counsel for defense of fees.

3rd Circuit, Delaware

February 03, 2016

Congress Did Not Abrogate Absolute Priority for Individuals, Five Circuits Now Hold

Sloppy drafting in BAPCPA puts individuals at the mercy of dominant creditors in chapter 11.

9th Circuit

February 02, 2016

Massachusetts Homestead Exemption Focuses on Use, Not Intention

First Circuit BAP goes easy on a consumer debtor’s homestead.

1st Circuit

February 01, 2016

A $15,000 Civil Contempt Order Was Interlocutory and Not Appealable

Perhaps a civil contempt order should sometimes be final in bankruptcy.

9th Circuit, California, California Central District