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Home
May 08, 2017
Trustees Don’t Get a Second Bite at the Abandonment Apple
The debtor, not the trustee, can profit from a secured creditor’s mistakes.
6th Circuit
,
Ohio
,
Ohio Southern District
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 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
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 14, 2017
Res Judicata Bars Later Suit Against the Owner for WARN Act Violation
Owners and employers should be sued together on the WARN Act to avoid claim splitting.
April 13, 2017
Split Grows on Unanticipated Circumstances to Modify a Chapter 13 Plan
Georgia judge follows the majority by more liberally allowing a chapter 13 plan modification.
11th Circuit
,
Georgia
,
Georgia Northern District
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
April 06, 2017
First Circuit Interprets PROMESA’s Automatic Stay Broadly, Reverses District Court
Circuit court bars lawsuit by one Puerto Rico bondholder group against another.
1st Circuit
April 05, 2017
Civil Contempt Proceedings Exempt from Automatic Stay in Ninth Circuit
No automatic stay to protect litigation misconduct in the Seventh and Ninth Circuits.
9th Circuit
April 03, 2017
For Chapter 13 Lien Stripping, Use the Filing Date for Valuation
Caulkett did not bar chapter 13 lien stripping, Massachusetts judge holds.
1st Circuit
,
Massachusetts
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