(Bankr. W.D. Ky. May 17, 2016)
(U.S. Sup. Ct. May 16, 2016)
2016 is turning out to be a year of significant reform of insurance law. The Insurance Act comes into force on 16 August 2016 and now we know that the Third Parties (Rights against Insurers) Act 2010 will finally come into force on 1 August 2016, having been updated by the Third Parties (Rights against Insurers) Regulations 2016.
(6th Cir. B.A.P. May 11, 2016)
The Bankruptcy Appellate Panel reverses the bankruptcy court’s order allowing the unsecured creditor’s late-filed claim in this Chapter 13 case. The creditor filed its claim eight days after the bar date, and the bankruptcy court allowed the claim based on excusable neglect. The B.A.P. holds that a bankruptcy court does not have authority to extend the deadline in Rule 3002(c) through equitable powers or the doctrine of equitable tolling. Opinion below.
Judge: Humphrey
2016 is turning out to be a year of significant reform of insurance law. The Insurance Act comes into force on 16 August 2016 and now we know that the Third Parties (Rights against Insurers) Act 2010 will finally come into force on 1 August 2016, having been updated by the Third Parties (Rights against Insurers) Regulations 2016.
(Bankr. E.D. Ky. May 9, 2016)
The bankruptcy court grants the trustee’s motion to dismiss the creditors’ adversary proceeding. The claims asserted by the creditors were property of the estate and thus the trustee has the exclusive right to assert the claims. Opinion below.
Judge: Wise
Attorneys for Trustee: Foley & Lardner LLP, Geoffrey S. Goodman, David B. Goroff
Attorneys for Plaintiffs: Akin Gump Strauss Hauer & Feld LLP, Robert J. Boller, Douglas A. Rappaport, Taft, Stettinius & Hollister LLP, Casey M. Cantrell Swartz, W. Timothy Miller
(6th Cir. B.A.P. Apr. 26, 2016)
(Bankr. W.D. Ky. Apr. 26, 2016)
KEY POINTS
(Bankr. W.D. Ky. Apr. 22, 2016)