View in Browser

Volume IX, Issue 14

April 9, 2026

 

 

In re: Kwok, Case No. 24-2504 (2d Cir. 2026).

A Chapter 11 trustee may, under 11 U.S.C. § 544(a) and Delaware’s outsider reverse veil piercing doctrine, treat a nominally separate LLC as the debtor’s alter ego and bring its assets into the estate where the entity has no business, records, capitalization, or purpose beyond holding and disguising the debtor’s personal yacht and related assets.

 

In re: Tucker, Case No. 25-8010 (B.A.P. 6th Cir. 2026).

Section 1325(a)(5)(B)(i)(I) requires that, absent creditor acceptance or surrender, a Chapter 13 plan for a “Chapter 20 debtor” (one who seeks relief under Chapter 13 even though not eligible for a discharge) must provide lien retention until either payment of the underlying debt under nonbankruptcy law or a discharge under section 1328, and the statute cannot be rewritten to substitute completion of plan payments when discharge is unavailable.

 

Close Armstrong, LLC v. Trunkline Gas Co., LLC, Case No. 24-1630 (7th Cir. 2026).

Under Indiana law, an easement that grants future floating rights to lay additional, non-parallel pipelines and to relocate an existing line remains unfixed until those rights are exercised, and courts may not judicially fix unexercised, movable pipeline rights to a defined corridor.

 

Harris v. W6LS, Inc., Case No. 24-2056 (7th Cir. 2026).

An arbitration agreement with a delegation clause that requires application of a non-existent tribal contract law body (later unilaterally created by a tribe affiliated with the lender) lacks mutual assent under ordinary contract principles and is unenforceable.

 

Jet Midwest International Co. v. Jet Midwest Group, LLC, Case No. 25-1033 (8th Cir. 2026).

Federal post-judgment interest under 28 U.S.C. § 1961 applies from entry of a money judgment recognizing the right to fees,  and prejudgment interest awarded under Missouri law, even in equitable actions, is at the statutory 9% set forth in Mo. Rev. Stat. § 408.020.

 

Galtere, Inc. v. Harvest Capital Asset Management, LLC, Case No. 24-3572 (8th Cir. 2026).

A handcrafted written agreement between sophisticated parties that sets out the structure and funding terms of an investment venture is treated as fully integrated under Iowa law, and the use of prior oral promises or implied-contract theories, such as promissory estoppel and unjust enrichment, on the same subject matter is barred.

 

O’Dell v. Aya Healthcare Services, Inc., Case No. 25-1528 (9th Cir. 2026).

The use of non-mutual offensive collateral estoppel to invalidate or avoid enforcement of arbitration agreements is barred by the Federal Arbitration Act (FAA) because doing so would undermine the individualized, consent-based arbitration required by the FAA.

 

Roberts v. Sender (In re: Roberts), Case No. 25-1103 (10th Cir. 2026).

Defensive appellate rights in state court litigation constitute property of the bankruptcy estate under Colorado’s broad definition of property and thus may be compromised or relinquished by the Chapter 7 trustee in a court-approved settlement.

 

For more information, please visit taftlaw.com.

Sign up for the newsletters here.

For past issues, visit here.

Author

Manny Farach

Facebook X Instagram LinkedIn

Unsubscribe | Email Preferences | Privacy Policy

 

This email was sent to: 38185e38-ffa5-4e0f-e873-118667285ead  
 

This email was sent by:  Taft Stettinius & Hollister LLP

525 Okeechobee Boulevard

Suite 900

West Palm Beach, FL 33401