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Home
October 24, 2018
Supreme Court Update: Two Bankruptcy Cases in the Running for ‘Cert’
Circuit splits over trademarks and the automatic stay are contenders for resolution in the Supreme Court.
Supreme Court
October 19, 2018
BAP Holds that an IRA from a Marital Property Settlement Is Not Exempt
BAP expands Clark v. Rameker to cover IRAs transferred in a divorce proceeding.
8th Circuit
October 02, 2018
Status Report on the Supreme Court
Already primed to rule on nonjudicial foreclosure, the Supreme Court might take cases involving contempt, the automatic stay and trademarks.
Supreme Court
September 27, 2018
Section 363(m) Won’t Protect a Buyer with Detailed Knowledge of an Adverse Claim
A bankruptcy judge’s finding regarding status as a good faith purchaser is not the final word on appeal.
2nd Circuit
,
New York
,
New York Southern District
September 26, 2018
Class Settlements After Confirmation Require Rule 23 Class Certification
Judge Glenn in Manhattan straightens up some of the mess created when GM didn’t disclose ignition switch defects before confirmation.
2nd Circuit
,
New York
,
New York Southern District
September 18, 2018
Third Circuit Upholds Revocation of $275 Million Breakup Fee
Third Circuit creates a high standard for revoking a vested contract right.
3rd Circuit
August 09, 2018
FDCPA Applies to Debt Collectors Even if They Own the Debt
Thomas Ambro on the Third Circuit answers a question the Supreme Court left open in <em>Henson v. Santander</em>.
3rd Circuit
August 08, 2018
Personal Liability for a PACA Trust Is Dischargeable, Judge Mark Says
Courts are split on whether personal liability to produce suppliers results in a nondischargeable debt under Section 523(a)(4).
11th Circuit
,
Florida
,
Florida Southern District
August 02, 2018
Retention of Jurisdiction Beats Out an Arbitration Agreement, Third Circuit Says
Court retains adjudicatory power unless the arbitration agreement applies to all disputes.
3rd Circuit
July 11, 2018
Seventh Circuit Opens a Can of Worms on Bankruptcy Sales and Adequate Protection
Do free and clear sales confer interests that are entitled to adequate protection?
7th Circuit
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