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Home
November 08, 2018
New Jersey Judges Side with the Minority on Turnover of Repossessed Autos
Split deepens regarding failure to return a repossessed auto as an automatic stay violation.
3rd Circuit
,
New Jersey
November 06, 2018
Chrysler Wrongful Death Suits Barred in Alabama While Permitted Elsewhere
An Alabama statute designed to aid wrongful death claimants ends up hurting them in Chrysler’s bankruptcy.
2nd Circuit
,
New York
,
New York Southern District
November 05, 2018
Courts Disagree on the Status of a Supersedeas Bond on the Filing of Bankruptcy
A supersedeas bond and a cash deposit are interchangeable in terms of the rights of a judgment creditor, Judge Sacca says.
11th Circuit
,
Georgia
,
Georgia Northern District
October 29, 2018
Supreme Court to Decide Whether Rejection Terminates Use of a Trademark
High court will resolve a circuit split dating back to the Fourth Circuit’s controversial Lubrizol opinion in 1985.
Supreme Court
October 25, 2018
Section 108(c) Tolls the Expiration of a Lien, Ninth Circuit Holds over a Dissent
Expiration of a lien is tolled anytime the automatic stay precludes enforcement of a judgment.
October 24, 2018
Supreme Court Update: Two Bankruptcy Cases in the Running for ‘Cert’
Circuit splits over trademarks and the automatic stay are contenders for resolution in the Supreme Court.
Supreme Court
October 23, 2018
Cramdown Interest Rate of 1.22% Upheld on Appeal from Confirmation
Expert testimony might have given the creditor a market rate of interest, not a rate lower than inflation.
5th Circuit
,
Texas
,
Texas Northern District
October 19, 2018
‘Innocent’ Transferee Held Potentially Liable for Payment from a Ponzi Scheme
With partial success, trustee sues the casino where a fraudster gambled away stolen money.
2nd Circuit
,
New York
,
New York Eastern District
October 18, 2018
Tenth Circuit Opinion Can Be the Springboard for a ‘Cert’ on the Automatic Stay
Circuit split is widening on whether inaction can be a violation of the automatic stay.
10th Circuit
October 17, 2018
New York and Delaware Agree: Releases Are Constitutionally Ok in Confirmation Orders
Chief District Judge in New York rules that ‘core’ jurisdiction includes non-consensual, third-party releases in confirmation orders.
2nd Circuit
,
New York
,
New York Southern District
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