Displaying with Topic Asset Sales | ABI

February 22, 2017

Odds Decline that Supreme Court Will Review Second Circuit Opinion in GM Bankruptcy

Claimants say GM misstep was a ‘black swan’ event not worthy of Supreme Court review.

February 21, 2017

Banks Admonished to File Foreclosure Deeds Promptly, or Else

Requiring prompt filing of a foreclosure deed is not absurd, Massachusetts judge says.

1st Circuit, Massachusetts

February 20, 2017

Constructive Trust Theory Fails Without Showing Unjust Enrichment

Parents who benefitted from son’s secret ownership couldn’t claim title.

2nd Circuit, New York, New York Eastern District

February 16, 2017

Fifth Circuit Denies Exemption to Nonfiling Spouse for Home Owned Fewer than 1,215 Days

Community property homestead rights are lost if only one spouse files bankruptcy.

February 08, 2017

Debtor Still Protected by Automatic Stay Even after Right of Redemption Terminates

Ninth Circuit’s Tracht Gut opinion limited to its facts by the BAP.

January 25, 2017

Assets Are Sold Free & Clear of Debtor’s Insurance Experience Rating

New Hampshire judge follows the First Circuit BAP in keeping down a buyer’s insurance premiums.

1st Circuit, New Hampshire

December 20, 2016

Debtor Has Valid Homestead Exemptions Even Without Equity in the Property

Adhering to traditional bankruptcy concepts, Utah judge gives reasons for reversing Jevic.

10th Circuit, Utah

December 16, 2016

New GM Assails the Second Circuit for Jeopardizing ‘Free and Clear’ Sales

GM’s ‘cert’ petition says the Second Circuit forgot about Section 363(m).

December 07, 2016

Supreme Court Seems Primed to Reverse Jevic, Precluding Structured Settlements

Justices search for rationale for departing from Section 507 priorities in settlements.

November 28, 2016

Insurance Companies Have Fewer Protections than Landlords and Aircraft Lessors

Absent special-interest legislation for bankruptcies, insurance companies remain in limbo.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District