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Home
March 22, 2018
Court May Depart from the Code When the Debtor Consents and No One Objects
Unique facts were again the basis for a result seemingly at odds with the statute.
2nd Circuit
,
New York
,
New York Northern District
March 20, 2018
Flip Clauses in Swaps Held Enforceable by District Judge in New York
For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.
2nd Circuit
,
New York
,
New York Southern District
March 09, 2018
Second Circuit Bars Arbitration in a Class Action for Violating the Discharge Injunction
New case seems inconsistent with Second Circuit’s prior opinion compelling arbitration over an automatic stay violation.
2nd Circuit
March 05, 2018
Which Court Has a Better Claim to Jurisdiction in Successive Bankruptcies?
Yet another example of how hard cases make bad law.
2nd Circuit
,
New York
,
New York Eastern District
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 13, 2018
CFPB Suit in District Court Immune from Transfer to Bankruptcy Court
Courts split on which change of venue statute applies to ‘related to’ suits in district court.
9th Circuit
,
Montana
February 12, 2018
Rejecting a Contract Precludes a Suit for Post-Petition Breach
Opinion ostensibly leaves a debtor without recourse for a supplier’s post-petition breach occurring before rejection.
5th Circuit
January 30, 2018
Simply Initiating Events that Later Violate the Stay Is Not a Stay Violation
Second Circuit approves a stay-violation defense in a nonprecedential opinion.
2nd Circuit
January 23, 2018
Judge Refuses to Vacate Opinion Socking a Bank with $40 Million in ‘Punies’
California judge won’t bar the debtor from settling for more than the original $6 million in compensatory damages while forsaking $40 million in punitive damages earmarked for public interest groups.
9th Circuit
,
California
,
California Eastern District
January 22, 2018
BAP Upholds $119,000 in Contempt Sanctions; Tells Lender to Modify Its Forms
Lender cannot hide behind a disclaimer to avoid sanctions for violating the discharge injunction, Ninth Circuit BAP holds.
9th Circuit
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