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January 11, 2019
Important Tenth Circuit Concurring Opinion Expounds on ‘Prudential’ Standing
A creditor’s factual allegations in bankruptcy court must be taken as true on appeal to establish ‘prudential standing.’
10th Circuit
January 10, 2019
Tenth Circuit Imports Section 363(m) to Nonbankruptcy Appeals
Tenth Circuit avoids deciding whether equitable mootness applies outside of bankruptcy.
10th Circuit
January 09, 2019
A Pending Sale Contract Doesn’t Obliterate a Homestead Exemption in Chapter 7
New York court delves into issues covered by the Fifth Circuit in Hawk and DeBerry.
2nd Circuit
,
New York
,
New York Eastern District
January 08, 2019
Sixth Circuit Enforces a ‘Carveout’ for Professionals after Conversion to Chapter 7
The appeals court barred the secured lenders from renegotiating a carveout when a chapter 11 reorganization failed.
6th Circuit
January 07, 2019
Eleventh Circuit Allows Termination of Retiree Benefits in a Chapter 11 Liquidation
Operations must continue for a debtor to invoke Section 1114 in a chapter 11 liquidation, Eleventh Circuit says.
11th Circuit
January 02, 2019
An Interest in Property as JTWROS Drops Out of the Estate on Death of the Debtor
JTWROS ownership confers benefits and disadvantages in bankruptcy, too.
10th Circuit
December 04, 2018
A Tenant with a Rejected Lease Could End Up Paying No Rent, Third Circuit Says
A tenant with a rejected lease retains ‘recoupment’ rights in addition to the protections in Section 365(h).
3rd Circuit
November 20, 2018
Order Approving an Option Held Non-Final and Non-Appealable
Lease-approval order held moot under Section 363(m) for lack of a stay pending appeal.
11th Circuit
,
Florida
,
Florida Southern District
November 06, 2018
Chrysler Wrongful Death Suits Barred in Alabama While Permitted Elsewhere
An Alabama statute designed to aid wrongful death claimants ends up hurting them in Chrysler’s bankruptcy.
2nd Circuit
,
New York
,
New York Southern District
October 31, 2018
Executory Contracts Are Automatically Rejected Even if Unscheduled, Fifth Circuit Holds
Fifth Circuit leaves the door open to preventing automatic rejection if the existence of an executory contract is intentionally undisclosed.
5th Circuit
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