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ABI Journal

June 15, 2018

Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice

BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.

9th Circuit

June 14, 2018

‘Cert’ Petition Asks Supreme Court to Overrule Lubrizol on Trademark Licenses

What did Congress mean in Sections 365(n) and 101(35A)? Is the right to use a trademark terminated when a trademark license is rejected?

Supreme Court

June 14, 2018

‘Cert’ Petition Wants Discharge Violations to Be Arbitrated

Petitioner contends the Second Circuit was wrong to bar arbitration in view of the Supreme Court’s decision in Epic Systems.

Supreme Court

June 11, 2018

Serial Bankruptcy Filings Can Result in a Conviction for Bankruptcy Fraud

Although the debtor only intended to halt eviction, the Seventh Circuit enhanced the sentence to reflect the claims of all creditors.

7th Circuit

May 30, 2018

Like the Second Circuit, Florida Judge Bars Arbitrating a Class Suit for Discharge Violations

Supreme Court’s subsequent Epic decision casts doubt on opinions overriding arbitration agreements in the bankruptcy context.

11th Circuit, Florida, Florida Middle District

May 25, 2018

Puerto Rico Judge Has a Third Answer to the PROMESA Automatic Stay Question

On tough automatic stay cases, let the PROMESA judge decide.

1st Circuit, Puerto Rico

May 21, 2018

Connecticut Judge Takes Sides in a Circuit Split on Trademark License Rejection

A ‘cert’ petition is in the works to resolve the circuit split from Lubrizol regarding the rejection of trademark licenses.

2nd Circuit, Connecticut

May 17, 2018

District Judges Starkly Disagree on the Scope of the PROMESA Automatic Stay

Can plaintiffs sue Puerto Rico government officials in their individual capacities? Two district judges disagree.

1st Circuit, Puerto Rico

May 04, 2018

Puerto Rico’s District Courts Differ on the Automatic Stay Under PROMESA

Caselaw is evolving on the applicability of the automatic stay to ordinary litigation against Puerto Rico and its governmental officials.

1st Circuit, Puerto Rico

April 25, 2018

Violation of Discharge Is Now Difficult to Prove in the Ninth Circuit

An unreasonable but good faith, subjective belief that there is no injunction bars a finding of contempt in the Ninth Circuit.

9th Circuit