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Rochelle's Daily Wire | ABI Exclusive
July 15, 2019
Ninth Circuit BAP Allows a Complaint to Revoke Discharge After 180 Days
The Ninth Circuit BAP follows a Pennsylvania bankruptcy court decision with facts more similar than those in Ninth Circuit precedent.
July 12, 2019
Trustee Allowed to Sue for Fraudulent Transfer on an Unenforceable Contract
Long Island’s Judge Grossman follows the Third Circuit by finding limitations on the Rooker-Feldman doctrine.
New York Eastern District
July 11, 2019
Michigan Court Allows Curing a Chapter 13 Payment Default After Five Years
Some lower courts don’t allow chapter 13 plan payments after five years, but two circuits do.
Michigan Eastern District
July 9, 2019
Supreme Court to Tackle a Bankruptcy Tax Refund Circuit Split
Circuits are split on whether a tax refund presumptively goes to the subsidiary that created the losses giving rise to the refund.
July 5, 2019
New York Judge Refuses to Waive Collateralization for Debtors’ Bank Accounts
In a large ‘prepack,’ the debtor was required to spend $80,000 a month for its depository bank to obtain a bond required by Section 345(b).
New York Southern District
July 3, 2019
The Debtor or Trustee Control the Privileges of an Independent Audit Committee
As his parting shot, Judge Carey requires turnover of almost everything in the files of professionals for an independent audit committee.
July 2, 2019
Third Circuit Expands the Flexible Notion of ‘Finality’ on Bankruptcy Appeals
The Third Circuit’s new opinion on ‘finality’ will be cast in doubt depending on how the Supreme Court rules in Ritzen.
June 28, 2019
Second Circuit Opinion Raises Questions Left Open by Taggart v. Lorenzen
If a lower court buys an argument that’s clearly wrong, is the argument nonetheless ‘objectively reasonable?’ And does Taggart apply to an automatic stay violation?
June 27, 2019
For Petitions the Clients Had Not Seen or Signed, Lawyer Recommended for Disbarment
Judge Olson refers a lawyer for civil and criminal investigations after uncovering dozens of unauthorized filings.
June 26, 2019
First Circuit Nixes Another Attempt at Unraveling Puerto Rico’s Debt Arrangement
The logical court to challenge the constitutionality of PROMESA isn’t the PROMESA court itself.