January 19, 2018
Pursuing an Untimely Appeal Is Frivolous and Warrants Sanctions in the Fifth Circuit
Losing its patience with late-filed appeals, the Fifth Circuit is close to making significant sanctions automatic.
5th CircuitJanuary 18, 2018
Asset Sale Appeals Are Moot Even if There Is a Jevic Violation, First Circuit Says
Waiving the automatic stay and immediately closing a sale does not make Section 363(m) inapplicable.
1st CircuitJanuary 17, 2018
Properly Read, Seventh Circuit Opinion Does Not Undercut DIP Financing
Opinion does not mean that a DIP financing lien terminates when collateral is transferred.
7th CircuitJanuary 16, 2018
Circuit Split Deepens on Rejection of Trademark Licenses
First Circuit follows the Fourth Circuit’s Lubrizol and rejects the Seventh Circuit’s Sunbeam.
1st CircuitJanuary 15, 2018
Third Circuit Pushes Back on Widespread Invocation of Rooker-Feldman
A federal court can undermine a state court judgment without offending Rooker-Feldman, Third Circuit says.
3rd CircuitJanuary 15, 2018
Supreme Court Grants Certiorari in a Third Bankruptcy Case This Term
High court to decide whether a false oral statement about one asset results in nondischargeability.
Supreme CourtJanuary 12, 2018
Bankruptcy Courts Cannot Impose Punitive Contempt Sanctions, District Judge Says
Circuits split on power of bankruptcy courts to impose punitive or criminal contempt sanctions.
2nd Circuit, VermontJanuary 11, 2018
Extraterritoriality of Avoiding Powers Goes to the Second Circuit
A split of circuits will result if the Second Circuit does not reverse a Madoff decision.
2nd CircuitJanuary 10, 2018
BAP Declines to Rule on Waiver Resulting from Election to ‘Surrender’
Mortgage lender fails to export the Eleventh Circuit’s Failla decision to the Ninth Circuit.
9th CircuitJanuary 10, 2018
No Statute of Limitations Bar from Asserting a New Theory of Recovery
If a preference theory fails, try fraudulent transfer.
7th Circuit, Illinois, Illinois Northern District