June 14, 2018
‘Cert’ Petition Asks Supreme Court to Overrule Lubrizol on Trademark Licenses
What did Congress mean in Sections 365(n) and 101(35A)? Is the right to use a trademark terminated when a trademark license is rejected?
Supreme CourtJune 14, 2018
‘Cert’ Petition Wants Discharge Violations to Be Arbitrated
Petitioner contends the Second Circuit was wrong to bar arbitration in view of the Supreme Court’s decision in Epic Systems.
Supreme CourtJune 13, 2018
Bankruptcy Courts May Issue ‘Consent Directives,’ Ninth Circuit BAP Says
BAP equates discovery powers of bankruptcy courts with district courts and federal agencies.
9th CircuitJune 12, 2018
First Circuit Splits with the Ninth over Good Faith Defense to Discharge Violation
Seven weeks apart, two circuits reach diametrically different conclusions about good faith as a defense to an intentional act that violates the discharge injunction.
1st CircuitJune 11, 2018
Serial Bankruptcy Filings Can Result in a Conviction for Bankruptcy Fraud
Although the debtor only intended to halt eviction, the Seventh Circuit enhanced the sentence to reflect the claims of all creditors.
7th CircuitJune 11, 2018
Bankruptcy Code Preempts State Law Invalidating KERPs, Delaware Judge Says
A waiver in a KERP is enforceable even if it violates state labor law, Judge Carey rules.
3rd Circuit, DelawareJune 08, 2018
Appeal from Interpretation of a Prior Sale Order Is Reviewed for Abuse of Discretion
A creditor can’t have derivative standing if the trustee already sold the claim, BAP says.
6th CircuitJune 07, 2018
Stabbing Victim Gets No Sympathy for His Lawyer’s Mistake
Sympathy for a client won’t make up for counsel’s mistake.
11th Circuit, Georgia, Georgia Northern DistrictJune 06, 2018
Buying Just Enough Unsecured Claims to Defeat Confirmation Is Ok, Ninth Circuit Says
To warrant ‘designation,’ a claim purchaser must have an ‘ulterior motive’ beyond self-interest.
9th CircuitJune 05, 2018
Mandatory Abstention Applies to an Entire Adversary Proceeding, Not Individual Claims
Abstention can’t be used to peel off some claims from an adversary proceeding, the BAP says.
6th Circuit