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ABI Journal

Rochellel's Daily Wire

April 04, 2018

Supreme Court’s Second ‘Safe Harbor’ Case Is in Limbo

Two justices recommend that the Second Circuit reconsider the ‘Tribune’ safe harbor decision in light of Merit Management.

Supreme Court

March 05, 2018

Supreme Court Says Insider Status Is Reviewed for Clear Error Under Existing Test

Some justices are critical of the existing test for ruling on non-statutory insider status.

Supreme Court

February 27, 2018

Supreme Court Narrowly Interprets the Safe Harbor, Overrules the Majority of Circuits

Intermediate transfers to financial institutions do not trigger the safe harbor.

Supreme Court

February 16, 2018

A Trademark License Rejection Case May End Up in the Supreme Court

A case on the ability of state law to take property out of the estate after filing may not go to the Supreme Court.

Supreme Court

January 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 Court

January 09, 2018

Update: The Justices May Hear Another Bankruptcy Case, but Not Sunnyslope

Odds have risen that the high court will decide whether an oral statement about one asset is a statement of ‘financial condition’ that must be in writing.

Supreme Court

January 03, 2018

Misrepresenting One Asset Is More Dangerous than Misrepresenting All Assets

Boasting about ‘strong financial condition’ must be in writing for the debt to be nondischargeable, Fifth Circuit says.

Supreme Court

December 14, 2017

Odds Rise for a Supreme Court Ruling on Valuation Standard for Chapter 11 Cramdown

Professors and former judges urge Supreme Court to review Sunnyslope.

Supreme Court

December 04, 2017

Supreme Court Won’t Decide a Circuit Split on Garnished Wages as Preferences

Fifth Circuit held that wages garnished within 90 days of bankruptcy are preferences.

Supreme Court

November 30, 2017

Debtor Warns Supreme Court to Avoid Sunnyslope and Another Valuation Controversy

There is no circuit split interpreting the Rash mandate to employ replacement value, debtor argues.

Supreme Court