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March 22, 2018

Unique facts were again the basis for a result seemingly at odds with the statute.

March 20, 2018

For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.

March 09, 2018

New case seems inconsistent with Second Circuit’s prior opinion compelling arbitration over an automatic stay violation.

March 05, 2018

February 16, 2018

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

February 13, 2018

Courts split on which change of venue statute applies to ‘related to’ suits in district court.

February 12, 2018

Opinion ostensibly leaves a debtor without recourse for a supplier’s post-petition breach occurring before rejection.

January 30, 2018

Second Circuit approves a stay-violation defense in a nonprecedential opinion.

January 23, 2018

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.

January 22, 2018

Lender cannot hide behind a disclaimer to avoid sanctions for violating the discharge injunction, Ninth Circuit BAP holds.