May 20, 2019
Licensee May Continue Using a Trademark after Rejection, Supreme Court Rules
Supreme Court gets around to overruling Lubrizol almost 35 years later.
Supreme CourtMay 17, 2019
Discretionary Bonuses Are Not Per Se Fraudulent Transfers
Discretionary bonuses by an insolvent employer are not automatically fraudulent transfers, Judge Silverstein says.
3rd Circuit, DelawareMay 14, 2019
Circuits Split on Bankruptcy Jurisdiction for Social Security, Medicare Suits
Fifth Circuit rejects the ‘recodification canon’ to divest bankruptcy courts of jurisdiction over Social Security suits.
5th CircuitMay 13, 2019
Malicious Theft of Trade Secrets Doesn’t Result in Nondischargeability, Circuit Says
Egregious behavior doesn’t always result in nondischargeability for willful and malicious injury.
4th CircuitMay 10, 2019
Disclosing an Asset in the Wrong Place Won’t Invoke Judicial Estoppel, Circuit Says
Second Circuit won’t give a defendant a windfall if the debtor scheduled the lawsuit in the wrong place but told the trustee and the court.
2nd CircuitMay 10, 2019
Fifth Circuit Upholds Sanctions Against ‘Nationwide’ Law Firm
Appeals court lauds Bankruptcy Judge Jeffrey Norman’s ‘well-reasoned’ opinion.
5th CircuitMay 06, 2019
Ninth Circuit Uses a Technicality to Keep a ‘Marijuana’ Case Alive
If a ‘marijuana’ case dodges a motion to dismiss, objecting to confirmation is too late, the Ninth Circuit says.
9th CircuitMay 01, 2019
Equity Can’t Alter the Three Petitioning Creditors Requirement, First Circuit Rules
Even if a debtor has committed fraud, at least three creditors still must join an involuntary petition if the debtor has 12 or more creditors.
1st CircuitApril 30, 2019
Ninth Circuit Bars Third Parties from Seeking Damages for Dismissal of an ‘Involuntary’
If the involuntary corporate debtor was deadlocked and unable to act, the dissenter would have permitted a 50% shareholder to seek damage for dismissal of the petition.
9th CircuitApril 24, 2019
Bankruptcy Notice to a Creditor Represented by Counsel in State Court Is Adequate
Conversely, giving notice to a creditor’s state-court counsel may not be adequate, New Jersey judge says.
3rd Circuit, New Jersey