August 14, 2020
Even if flip clauses are ipso facto clauses, the Second Circuit holds that enforcement is permitted by the safe harbor in Section 560.
2nd Circuit
August 10, 2020
Fifth Circuit declines to create a circuit split on the ability of a coal producer to sell assets and protect the buyer from liability for retiree health benefits under the Coal Act.
5th Circuit
August 05, 2020
Lease assumption is binding even if the debtor doesn’t follow the procedural requirements of Section 365(p).
9th Circuit
July 27, 2020
A split panel on the Sixth Circuit held that Section 959(b) barred the debtor from halting participation in a state employees’ pension plan.
6th Circuit
July 22, 2020
Second Circuit prevents ‘artful drafting’ from evading the cap on golden parachutes under Section 502(b)(7).
2nd Circuit
May 07, 2020
For the Eleventh Circuit, scheduling the unsecured claim resulted in automatic rejection even though the contract was not scheduled as executory.
11th Circuit
May 04, 2020
Majority on Ninth Circuit panel believe that having previously extended a deadline allowed the invocation of “excusable neglect” to extend the deadline again after it expired.
9th Circuit
March 11, 2020
Appeals court had sympathy for the debtor by disallowing part but not all of a judgment for receipt of a fraudulent transfer with ‘actual intent.’
8th Circuit
