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Home
October 29, 2018
Supreme Court to Decide Whether Rejection Terminates Use of a Trademark
High court will resolve a circuit split dating back to the Fourth Circuit’s controversial Lubrizol opinion in 1985.
Supreme Court
October 26, 2018
U.S. Judge Willing to Split with the U.K. over Chapter 15 Foreign Recognition
Judge Glenn criticizes an 1890 English decision refusing to enforce a foreign discharge of debt.
2nd Circuit
,
New York
,
New York Southern District
October 25, 2018
Section 108(c) Tolls the Expiration of a Lien, Ninth Circuit Holds over a Dissent
Expiration of a lien is tolled anytime the automatic stay precludes enforcement of a judgment.
October 24, 2018
Supreme Court Update: Two Bankruptcy Cases in the Running for ‘Cert’
Circuit splits over trademarks and the automatic stay are contenders for resolution in the Supreme Court.
Supreme Court
October 23, 2018
Cramdown Interest Rate of 1.22% Upheld on Appeal from Confirmation
Expert testimony might have given the creditor a market rate of interest, not a rate lower than inflation.
5th Circuit
,
Texas
,
Texas Northern District
October 18, 2018
Sixth Circuit Pronounces a Two-Prong Test to Determine ‘Finality’
Appeals court insinuates that denial of a lift-stay motion without prejudice is not appealable.
6th Circuit
Tenth Circuit Opinion Can Be the Springboard for a ‘Cert’ on the Automatic Stay
Circuit split is widening on whether inaction can be a violation of the automatic stay.
10th Circuit
October 17, 2018
New York and Delaware Agree: Releases Are Constitutionally Ok in Confirmation Orders
Chief District Judge in New York rules that ‘core’ jurisdiction includes non-consensual, third-party releases in confirmation orders.
2nd Circuit
,
New York
,
New York Southern District
October 16, 2018
Four Circuits Now Agree: Fuel Subcontractors Don’t Have Maritime Liens
Second, Fifth, Ninth and Eleventh Circuits agree that supplying “necessaries” by itself won’t justify a maritime lien.
9th Circuit
October 09, 2018
District Judge Rules Section 562 Does Not Apply to Terminations by Agreement
Section 562 applies to fix the date for calculating damages only if the debtor rejects or the creditor terminates, New York district judge says.
2nd Circuit
,
New York
,
New York Southern District
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