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

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