January 18, 2018

Asset Sale Appeals Are Moot Even if There Is a Jevic Violation, First Circuit Says

Waiving the automatic stay and immediately closing a sale does not make Section 363(m) inapplicable.

1st Circuit

January 16, 2018

Circuit Split Deepens on Rejection of Trademark Licenses

First Circuit follows the Fourth Circuit’s Lubrizol and rejects the Seventh Circuit’s Sunbeam.

1st Circuit

December 29, 2017

Boston Judge Allows Conversion to Chapter 13 Just to Prevent the Sale of a Home

Converting to chapter 13 to prevent the sale of a home in chapter 7 is not bad faith.

1st Circuit, Massachusetts

December 28, 2017

Administrative Status Given for Claims Against an Assignee for Creditors

Chicago judge finds flexibility for granting ‘protection’ claims under Section 543(c)(1).

7th Circuit, Illinois, Illinois Northern District

December 18, 2017

Manhattan Judge Refuses to Rubber-Stamp a Sealing Motion

Protecting negotiating leverage isn’t grounds for sealing the terms of a lease.

2nd Circuit, New York, New York Southern District

December 13, 2017

Eleventh Circuit Requires No Objection to Overturn a Final Confirmation Order

Split decision allows a lender to take property out of an estate automatically.

11th Circuit

December 05, 2017

Homestead Exemption Must Be Paid in Full Before a Sale Is Permitted, BAP Says

Splitting with the Sixth Circuit, the Tenth Circuit BAP does not require equity to claim a homestead exemption.

10th Circuit

November 27, 2017

Trustee’s Stated Intent to Abandon by Itself Won’t Allow a Debtor to Sell

Estate property must be formally abandoned before the power of sale reverts to the debtor.

2nd Circuit, New York, New York Southern District

November 15, 2017

New GM Ignition Switch Suits Can Proceed in State Court, District Judge Says

The circuit court’s resolution of the bankruptcy law question prevents New GM from removing new suits to federal court.

2nd Circuit, New York, New York Southern District

November 13, 2017

PACA Trust Claims Don’t Defeat the Power to Use Cash Collateral

PACA trust creditors can’t hold a chapter 11 debtor hostage, judge rules.

6th Circuit, Michigan, Michigan Western District