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, ConnecticutApril 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 CircuitApril 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 DistrictApril 12, 2018
Tribune Creditors Seek Reconsideration on Implied Preemption by the ‘Safe Harbor’
Following a suggestion made by two Supreme Court justices, Tribune creditors ask the Second Circuit to recall the mandate and remand for reconsideration in district court.
Supreme CourtApril 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 CourtMarch 30, 2018
Automatic Stay Doesn’t Apply to Enforcement of Maritime Liens, Ninth Circuit Says
Filing bankruptcy won’t divest a district court of maritime jurisdiction, and a bankruptcy court can’t adjudicate maritime lien rights.
9th CircuitMarch 29, 2018
State Law, Not Filing Date, Governs Distributions to Co-Owners, Fifth Circuit Says
The distributive share to co-owners is not fixed as of the filing date under Section 363(j).
5th CircuitMarch 12, 2018
Fifth Circuit Expands Hawk to Permit Sale of a Home After a Chapter 7 Filing
Selling a home after filing chapter 7 does not destroy the homestead exemption.
5th CircuitFebruary 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 CourtFebruary 26, 2018
En Banc, Ninth Circuit Holds: Only ‘True Sales’ of Receivables Comply with PACA
Ninth Circuit reverses its own precedent and eliminates a circuit split by favoring farmers.
9th Circuit