Rochelle's Daily Wire

The same question has been sub judice in the Second Circuit for 15 months. Is the Second Circuit on the cusp of making a circuit split?

The Ninth Circuit BAP holds that nondischargeability of student loans in Section 523(a)(8) isn’t ‘self-executing.’

Bankruptcy Judge Christopher Bradley disagreed with a district court in Florida that required a ‘true up’ if actual disposable income in Sub V exceeds projected disposable income.

On remand from the Supreme Court and the Second Circuit, the district court decides that the Mall of America landlord isn’t entitled to more than the bargain it made with Sears in 1991.

If a breach results only in a right to equitable relief, there is no ‘claim’ and thus no executory contract.

Federal Rule 60(b) can’t ‘end run’ Section 1144, Bankruptcy Judge Kimball holds.

A potential bidder wasn’t barred from suing the successful bidder outside of bankruptcy court.

Absent ‘concerns peculiar to bankruptcy’ when there is an arbitration clause, the district court followed Henry Schein by saying that the bankruptcy court should have allowed arbitrators to decide which claims are arbitrable, or not.

As a follow-up to Highland Capital Management, the Fifth Circuit explained when gatekeeping orders are appropriate.

A Third Circuit decision shows the breadth of unliquidated and contingent claims.