May 01, 2017
Jevic Applied to Ordinary Settlements in the Midst of a Chapter 11 Case
Tennessee judge says Jevic tightened rules for approval of settlements.
6th Circuit, Tennessee, Tennessee Eastern DistrictMay 01, 2017
Supreme Court to Decide Whether Using a ‘Mere Conduit’ Invokes the 546(e) ‘Safe Harbor’
Justices to rule on a narrow issue regarding the ‘safe harbor’ and leveraged buyouts.
Supreme CourtApril 28, 2017
Justice Gorsuch May Be the Deciding Fourth Vote on Certiorari in Tribune
The ‘safe harbor’ protecting sellers in LBOs comes to the Supreme Court again.
Supreme CourtApril 28, 2017
Written Motions to Adjourn Foreclosure Do Not Violate the Stay, Circuit Says
Causing a debtor to incur cost isn’t necessarily a stay violation in the Third Circuit.
3rd CircuitApril 27, 2017
Bankruptcy Judge Has No Power to ‘Unrefer’ a Suit to District Court
Another New York judge refuses to send a case to Delaware.
2nd Circuit, New York, New York Southern DistrictApril 26, 2017
In Dischargeability, No Disclosure Required if Not Requested
Sometimes, failure to disclose material facts is not misleading.
1st CircuitApril 25, 2017
Police Power Exception Doesn’t Apply to Suits by Private Attorneys General
Private suits to enforce state labor laws are halted by the automatic stay, circuit holds.
9th CircuitApril 24, 2017
Deemed Recourse Rights under Section 1111(b) Don’t Survive Foreclosure, Circuit Says
Ninth Circuit says deemed recourse terminates when the estate no longer owns the collateral.
9th CircuitApril 22, 2017
Enforcement of an Existing Injunction Is Not ‘Final’ and Thus Not Appealable
Tronox spans more law, this time on finality regarding injunctions.
2nd CircuitApril 21, 2017
Foolishly Accumulating Student Loans Does Not Factor into Dischargeability, Circuit Holds
ABI President Eugene Wedoff wins a pro bono victory in the Eleventh Circuit.
11th Circuit