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 CourtMay 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, DelawareMay 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 CircuitMay 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, ConnecticutMay 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 CircuitMay 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 DistrictMay 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 CircuitApril 30, 2018
Non-Bankrupt Nonprofit Entities Are Not Subject to Substantive Consolidation
Eighth Circuit insulates parishes and church schools from substantive consolidation.
8th CircuitApril 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 CircuitApril 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