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Home
May 01, 2017
Supreme Court to Decide Whether Using a ‘Mere Conduit’ Invokes the 546(e) ‘Safe Harbor’
Justices to rule on a narrow issue regarding the ‘safe harbor’ and leveraged buyouts.
Supreme Court
April 28, 2017
Justice Gorsuch May Be the Deciding Fourth Vote on Certiorari in Tribune
The ‘safe harbor’ protecting sellers in LBOs comes to the Supreme Court again.
Supreme Court
April 27, 2017
Bankruptcy Judge Has No Power to ‘Unrefer’ a Suit to District Court
Another New York judge refuses to send a case to Delaware.
2nd Circuit
,
New York
,
New York Southern District
April 22, 2017
Enforcement of an Existing Injunction Is Not ‘Final’ and Thus Not Appealable
Tronox spans more law, this time on finality regarding injunctions.
2nd Circuit
April 20, 2017
Fees to Recover Sanctions Are Permitted under 28 U.S.C. § 1927
Lawyers can be nailed for misconduct under Section 1927, but not their clients.
9th Circuit
April 19, 2017
Consumers Have an Uphill Fight to Avoid a Second Supreme Court Defeat on the FDCPA
Statutory interpretation dominates argument on the term’s second FDCPA case.
Supreme Court
Supreme Court to Consider Hearing Two Bankruptcy Cases on April 21
High court may decide whether the ‘safe harbor’ completely preempts state fraudulent transfer laws with regard to LBOs of bankrupt companies.
Supreme Court
April 18, 2017
Second Circuit Limits Res Judicata Effect of Prior Bankruptcy Proceedings
Appeals court was reluctant to let lawyers off the hook for allegedly unethical conduct.
2nd Circuit
April 12, 2017
Willful Stay Violation Can Justify Damages for Emotional Distress, Third Circuit Says
For an ‘egregious’ stay violation, medical evidence of emotional distress is not required.
3rd Circuit
April 07, 2017
Surprising Analysis Yields the Expected Result on Choice of Law for Claims
Chosen law governed statute of limitations for allowance of claims in bankruptcy.
9th Circuit
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