Rochelle's Daily Wire

ABI Exclusive

business Cases

Ninth Circuit Makes Glaring Error in Chapter 11 Cramdown Opinion
April 12, 2016
9th Circuit ,
Circuit erroneously cites Section 1325 as governing in chapter 11 cramdown.
Paid in Full but Impaired, Lender Entitled to Pendency Interest at Default Rate
April 8, 2016
9th Circuit ,
9th Cir. BAP precludes using ‘equitable discretion’ to lower lender’s interest rate.
Power of Substantive Consolidation Survives Law v. Siegel
April 6, 2016
9th Circuit ,
Supreme Court authority is read narrowly to preserve traditional equity powers.
Courts Split on Allowing Creditors to Sue on Claims Covered by D&O Policy
April 5, 2016
6th Circuit , Michigan , Michigan Western District ,
Insured vs. insured exclusion bars suit by creditors, but not by chapter 11 trustee.
Using Correspondent U.S. Bank Can Result in Personal Jurisdiction in U.S. Courts
April 4, 2016
2nd Circuit , New York , New York Southern District ,
Fleeting passage of money through the U.S. can bestow jurisdiction on U.S. courts.
Chicago Judge Splits with Ninth Circuit on Interest for Unsecured Claims in Surplus Plan
April 4, 2016
7th Circuit , Illinois , Illinois Northern District ,
Default interest rate given to unsecured creditors in full-payment chapter 11 plan.
BAPs Lack Jurisdiction to Issue Mandamus Writs, Ninth Circuit Majority Holds
March 29, 2016
9th Circuit ,
BAPs weren’t created by Congress, Ninth Circuit holds over vigorous dissent.
Puerto Rico Enjoined from Collecting an Unconstitutional Corporate Tax
March 29, 2016
1st Circuit , Puerto Rico ,
District Court trims Puerto Rico’s tax revenue by ruling in favor of Wal-Mart.
Second Circuit Closes Loopholes in ‘Safe Harbor’ to Protect Selling LBO Shareholders
March 28, 2016
2nd Circuit ,
Creditors, not just trustees, are barred from suing by Section 546(e).
Second Circuit May Be Trimming Back Doctrine of Equitable Mootness
March 28, 2016
2nd Circuit ,
Another circuit joins the trend toward limiting the doctrine of equitable mootness.

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