Displaying with Topic Asset Sales | ABI

November 25, 2016

First Circuit BAP Rejects Lubrizol on Rejection of Trademark Licenses

Boston BAP sides with Seventh Circuit, holding that trademark licenses survive rejection.

November 23, 2016

Mishandling Collateral Gives Rise to Nondischargeable Debt, Eleventh Circuit Holds

Mishandling collateral is nondischargeable even if the security interest is unperfected.

November 08, 2016

Ninth Circuit Now Requires Paying Default Interest to Cure a Default

Divided panel holds that Section 1123(d) overruled Entz-White.

November 02, 2016

Need for Multinational Corporate Insolvency Law Shown in China Fishery Decision

Judges must use patchwork approach when handling a huge, multinational debtor.

2nd Circuit, New York, New York Southern District

October 21, 2016

Law Professors Disagree on How the Supreme Court Should Decide Jevic on Structured Dismissals

Is there flexibility to depart from bankruptcy priorities? Professors disagree.

October 20, 2016

Profit-Sharing Clause Unenforceable in a Bankruptcy Lease Auction

Provision depressing debtor’s income at a lease auction is unenforceable under Section 365(f).

2nd Circuit, New York, New York Southern District

October 06, 2016

Trustee Gets No Fee on Insurance Proceeds Paid to Secured Lender

District judge prescribes local rule for bankruptcy courts.

5th Circuit, Louisiana, Louisiana Western District

August 31, 2016

Delaware Judge Splits with New York by Upholding Reclamation Creditors’ Rights

Judge Walrath disagrees with Judges Lifland and Gonzales on reclamation rights.

3rd Circuit, Delaware

August 23, 2016

Equity Didn’t Help Broker Cheated Out of His Commission by Debtor

Bad result for a broker may have been avoided by raising other issues in the First Circuit.

August 01, 2016

New York District Judge Lays Down Lenient Standard for Imputing Fraudulent Intent

Former Bankruptcy Judge Gerber reversed in Lyondell for being too strict, then for being too lenient.

2nd Circuit, New York, New York Southern District