February 21, 2020
Reinstating a ruling by Bankruptcy Judge Cecelia Morris, the appeals court held that the Manville asbestos trust covers both in rem and in personam claims by ‘future’ claimants against insurers and brokers.
February 20, 2020
Courts are split on whether large medical bills are consumer debts that invoke the means test and can bar relief in chapter 7.
Appeals court says that using a trust for future asbestos claims rather than a bar order would be cheaper and avoid unnecessary litigation.
February 13, 2020
The 2005 amendments to Section 546(c) departed from state law under UCC § 2-702 by creating a federal rule making reclamation claims subordinate to existing secured claims and DIP financing.
February 6, 2020
Judge Rodriguez holds servicer and lender liable under Rule 3002.1 and the FDCPA for making a claim for unpaid real estate taxes that had been paid.
February 4, 2020
Employer contributions to Puerto Rico’s retirement system did not qualify as ‘special revenues,’ with the result that bondholders’ liens were cut off on the filing date.
January 31, 2020
District judge decides that he lacked jurisdiction to enforce a cross-border protocol against foreign liquidators.
January 28, 2020
The Supreme Court has ducked the split twice in recent years but should tackle the question this time around.
January 22, 2020
The general rule in Langenkamp calling for the waiver of Seventh Amendment rights prevails over the unique facts of a case.
January 2, 2020
A PACA trust lacks the hallmarks of a trust, so a failure to pay a produce supplier doesn’t give rise to a nondischargeable debt for defalcation while acting in a fiduciary capacity, Judge Goldgar says.