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.
Circuit Split on Wage Garnishments Underpins a Certiorari Petition
Certiorari petition asks Supreme Court to narrow Local Loan and Barnhill.
Seventh Circuit Opines on Method for Calculating ‘New Value’ Defense
Average daily sales suffice to show the date when new value was advanced.
First Circuit Widens a Circuit Split on a Committee’s Intervention Rights
Allowing intervention as of right, First Circuit repudiates its own prior authority as ‘pure dicta.’
Retention Agreements Allowing Defense Fees Ok in New Mexico, but Not in Delaware
Baker Botts v. ASARCO doesn’t prohibit retention agreements allowing fees for defense of fees, judge holds.
Ninth Circuit Sits En Banc to Eradicate or Deepen a Loophole in PACA
Circuit split pits the Ninth Circuit against three sister circuits on a crucial PACA issue.
Survivor’s Pension Benefits Are Not ‘Retiree Benefits’ Protected by Section 1114
Judge uses legislative history because Section 1114 is ambiguous.
En Banc, Eleventh Circuit Narrows Applicability of Judicial Estoppel in Bankruptcy
Eleventh Circuit inveighs against harming innocent creditors by invoking judicial estoppel.
Fee Cap in Section 502(b)(4) Seldom Applies to Contingencies, Ninth Circuit Holds
Ninth Circuit ringingly endorses allowance of prepetition contingent fee arrangements.
Delaware Judge Narrows Jevic to Prohibit Only End-of-Case Priority Skipping
Priority skipping permitted as part of final approval of DIP financing.