February 16, 2018

A Trademark License Rejection Case May End Up in the Supreme Court

A case on the ability of state law to take property out of the estate after filing may not go to the Supreme Court.

Supreme Court

February 02, 2018

Illinois Divorce Court Can Strip Away Estate Property, Seventh Circuit Says

Overlay divorce and bankruptcy, and you’ve got a big mess.

7th Circuit

January 24, 2018

The GM Creditors’ Trust Opens a Can of Worms by Nixing a Settlement

Bankruptcy judge finds bad faith for walking out on a fully documented but unsigned settlement.

2nd Circuit, New York, New York Southern District

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