Second Circuit Upholds Dismissal of an ‘Involuntary’ in a Two-Party Dispute
Additional judgment enforcement remedies under the Bankruptcy Code don’t justify an involuntary petition.
Chicago Must Return Impounded Cars Immediately After a Chapter 13 Filing
Judge Thorne rules that exceptions to the automatic stay do not allow the City of Chicago to retain possession of impounded cars.
Circuit Split Narrows on the New Value Defense to a Preference
Eleventh Circuit abandons the notion that new value must remain unpaid to offset a preference.
Collection Injunctions Are (Sometimes) Ok in an Individual Chapter 11
Ninth Circuit BAP explains when the holder of a nondischargeable claim can be enjoined from collecting during the life of an individual’s chapter 11 plan.
Personal Liability for a PACA Trust Is Dischargeable, Judge Mark Says
Courts are split on whether personal liability to produce suppliers results in a nondischargeable debt under Section 523(a)(4).
Punitive Damages under Section 303(i) Can’t Be Offset, Third Circuit Says
One involuntary petition dismissed in bankruptcy court has now spawned three important opinions at the circuit level.