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June 21, 2018
Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice
BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.
9th Circuit
June 15, 2018
Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice
BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.
9th Circuit
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 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 01, 2018
GM Ignition Switch Litigation Makes Law on Punitive Damages and Law of the Case
Ten years later, courts are still sorting out who’s liable for Old GM’s failure to disclose a known defect.
2nd Circuit
,
New York
,
New York Southern District
May 23, 2018
New Jevic Settlement Fails, Making Supreme Court’s Reversal More Costly
Unlike Rodney Dangerfield, Jevic workers get respect when Delaware judge rejects a new settlement they dislike.
3rd Circuit
,
Delaware
May 21, 2018
Connecticut Judge Takes Sides in a Circuit Split on Trademark License Rejection
A ‘cert’ petition is in the works to resolve the circuit split from Lubrizol regarding the rejection of trademark licenses.
2nd Circuit
,
Connecticut
April 20, 2018
Fully Encumbered Property Is Not a Debtor’s Asset, First Circuit Says
Perplexing opinion may only apply to the status of assets before bankruptcy.
1st Circuit
April 16, 2018
Leased but Unused Personal Property Qualifies for an Administrative Claim
Circuits are split on requiring use of leased equipment before allowing an administrative claim.
5th Circuit
,
Louisiana
,
Louisiana Western District
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