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ABI Journal

Rochellel's Daily Wire

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 Court

June 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 Court

June 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 Circuit

June 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 Circuit

June 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 Circuit

June 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, Delaware

June 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 Circuit

June 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 District

June 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 Circuit

June 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