March 14, 2023
District judge in Connecticut upheld an award of ‘default’ interest, even though the fully secured lender had opposed the chapter 11 process and resisted the use of its cash collateral.
2nd Circuit, Connecticut
March 01, 2023
Disputed facts can defeat invocation of judicial estoppel on summary judgment.
1st Circuit
February 28, 2023
The majority and the dissenter disagreed on whether the judgment merged individual creditors’ claims into one claim.
9th Circuit
February 16, 2023
An act of Congress that waived sovereign immunity for Marines at Camp Lejeune meant that personal injury tort claims did not arise when the injury was sustained.
4th Circuit, Virginia, Virginia Eastern District
February 09, 2023
An Oregon power company appears headed for the Ninth Circuit to decide whether electric power qualifies as “goods” to be accorded the 20-day priority.
9th Circuit, Oregon
February 08, 2023
Bankruptcy Judge Michael Wiles differed with his colleagues who in previous years had employed the ‘time approach’ in calculating a landlord’s rejection damages under Section 502(b)(6).
2nd Circuit, New York, New York Southern District
February 01, 2023
Although a UCC lien on ‘accounts’ would attach outside of bankruptcy to proceeds from the sale of real property, Section 552(b) cuts off attachment if the sale occurs after filing
5th Circuit, Texas, Texas Southern District
January 25, 2023
The Fourth Circuit sides with the Third on the Affordable Care Act’s ‘individual mandate.’ Majority says it was a tax measured by income, thus giving the IRS a priority tax claim.
4th Circuit
