‘Close Nexus’ Test Not Always Applicable for Post-Confirmation Jurisdiction
Rule 2004 may be used after confirmation, even if the plan does not reserve jurisdiction.
New Mexico Judge Avoids the Jevic Controversy by Requiring Payment on Priority Claims
‘General unsecured creditor’ is an ambiguous term not defined in the Bankruptcy Code or Rules.
Supreme Court Seems Primed to Reverse Jevic, Precluding Structured Settlements
Justices search for rationale for departing from Section 507 priorities in settlements.
New York Bankruptcy Judge Bars Use of ‘Safe Harbor’ When Bank Is Only a Conduit
Buffalo judge braves Second Circuit authority to disregard ‘safe harbor’ in stock buyback.
Serving a Complaint on a Bank by Ordinary Mail Is a Nullity
Without service by certified mail, a bank is not compelled to respond to a complaint.
BAP Strictly Requires Signing a Pleading for a Rule 9011 Sanction
Advice without signing a pleading does not give rise to a Rule 9011 sanction, but Section 1927 is another story.
Cutting Off Medicare Funding Is Exempt from the Automatic Stay, First Circuit Says
First Circuit declines to take sides in circuit split over jurisdiction in Medicare disputes.
Ninth Circuit Extends Barton to Protect Creditors’ Committee Members
Ninth Circuit lays down rules governing derivative judicial immunity for official committee members.
Section 106 Waivers of Sovereign Immunity May Be Unconstitutional Sometimes
Patriot Coal decision analyzes Supreme Court authorities on sovereign immunity.
D’Oench Duhme Gives FDIC Broad Protection from Fraudulent Transfer Suits
Bank need not be a party to a secret agreement for D’Oench Duhme defense to apply.