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ABI Journal

May 30, 2018

Supreme Court Again Refuses to Define a ‘Transfer’ or an ‘Initial Transferee’

Circuit splits persist because the Supreme Court ducks fraudulent transfer cases.

Supreme Court

May 29, 2018

Stern Held Inapplicable to Orders Denying Summary Judgment

Delaware district judge explains why Stern doesn’t confer the equivalent of an appeal from an interlocutory order.

3rd Circuit, Delaware

May 24, 2018

Fifth Circuit Issues a Narrow Opinion Requiring Corporate Authority to File a Petition

The appeals court avoids ruling broadly on the ability of a golden share or blocking provision to bar a company from filing bankruptcy voluntarily.

5th Circuit

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 11, 2018

Ninth and Fourth Circuits Issue Important Rulings on Sanctions and Exemptions

Ninth Circuit opinion is prime for Supreme Court review regarding the extent of a bankruptcy court’s contempt powers.

4th Circuit

May 08, 2018

Bankruptcy Judge Predicts Circuit Split on Substantive Consolidation with Nondebtors

Seventh Circuit is averse to creating remedies under Section 105, Bankruptcy Judge Hollis says.

7th Circuit, Illinois, Illinois Northern District

May 07, 2018

Debtors Benefit When Trust Law Meets Bankruptcy Law

A trust designed to defeat the claims of creditors can sometimes hold up in bankruptcy.

6th Circuit

April 30, 2018

Non-Bankrupt Nonprofit Entities Are Not Subject to Substantive Consolidation

Eighth Circuit insulates parishes and church schools from substantive consolidation.

8th Circuit

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

April 24, 2018

Tax Sales Can Be Avoided as Preferences, New Jersey District Judge Rules

Not a true public sale, a tax foreclosure in New Jersey can be attacked as a preference without implicating concerns about federalism.

3rd Circuit, New Jersey