Business Law Insolvency Law Committee

In Persinger v. Southwest Credit Systems, 2021 WL 6058148 (7th Circuit) (“Persinger”), the United States Court of Appeals for the Seventh Circuit (the “Court”) held that a loan servicer that got notice of a debtor’s discharge after making a credit inquiry was not guilty of a willful violation of the Fair Credit Reporting Act, particularly in light of the reasonable general practices the servicer employed to avoid violations even though those practices arguably failed in this specific instance. Read more

On December 16, 2021, Judge Colleen McMahon of the United States District Court, Southern District of New York, vacated the order confirming Purdue Pharma’s Chapter 11 plan of re-organization, holding that the bankruptcy court had no power to impose a non-consensual release by third parties of their direct claims against non-debtors. Read more

In a recent published opinion, the Eleventh Circuit Court of Appeals affirmed a district court’s decision to unseal unguarded, opinionated emails produced in discovery by a defendant entity involved in a change in the liver allocation policy authorized by the Read more

There are numerous instances over the years where parties have attempted, using state court statutes such as California Civil Code section 1717, to recover their attorneys fees in bankruptcy cases. Read more

In Rattagan v. Uber Techs., Inc., 19 F.4th 1188, 1189 (9th Cir. 2021), the United States Court of Appeals for the Ninth Circuit certified the following question to the California Supreme Court since there is no controlling precedent: Whether claims for fraudulent concealment are exempt from the economic loss rule under California law. Read more

Richard Golubow of Winthrop Golubow Hollander, LLP, is the author of “Local Bankruptcy Rules: California (C.D. Cal.)”, a Practice Note published by Thomson Reuters summarizing selected local rules of the US Bankruptcy Court for the Central District of California. Read more

In In re Harang, 634 B.R. 731 (6th Cir. BAP 2021), the Bankruptcy Appellate Panel for the Sixth Circuit held that a bankruptcy court has the authority to impose conditions and incorporate prior factual findings in a dismissal order on a plaintiff’s voluntary motion to dismiss with prejudice an adversary proceeding under Rule 41 of the Federal Rules of Civil Procedure. Read more

In Rattagan v. Uber Techs., Inc., 19 F.4th 1188, 1189 (9th Cir. 2021), the United States Court of Appeals for the Ninth Circuit certified the following question to the California Supreme Court since there is no controlling precedent. Read more

The Eighth Circuit Court of Appeals has held that the recipient of a fraudulent transfer may have committed “actual fraud” for purposes of non-dischargeability. Lariat Company, Inc. v. Wigley (In re Wigley), 15 F.4th 1208 (8th Cir. 2021). Read more

A Bankruptcy Court in the Western District of Pennsylvania (the “Court”) recently upheld challenges to the eligibility of a physician to proceed as a debtor in Subchapter V. Read more