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September 18, 2018
Third Circuit Upholds Revocation of $275 Million Breakup Fee
Third Circuit creates a high standard for revoking a vested contract right.
3rd Circuit
September 17, 2018
Class Proofs of Claim Allowed When the Bar Notice Drew Few Individual Claims
Constitutionally sufficient notice of a bar date may not preclude the use of a class proof of claim under Bankruptcy Rule 7023, Judge Hale says.
5th Circuit
,
Texas
,
Texas Northern District
September 12, 2018
Major Automatic Stay Issue Inches Toward the Supreme Court
Chicago parking ticket cases to be resolved in the Seventh Circuit.
7th Circuit
,
Illinois
,
Illinois Northern District
September 11, 2018
Raising a Circuit Split, Ninth Circuit’s Taggart Opinion Heads for a ‘Cert’ Petition
BAP opinion shows that contempt is virtually impossible to prove in the Ninth Circuit following Taggart.
9th Circuit
September 06, 2018
Delaware District Judge Upholds Horizontal ‘Gifting’ in a Chapter 11 Plan
Narrow reading of ‘equitable mootness’ in Tribune is limited to cases involving a dispute between two classes.
3rd Circuit
,
Delaware
September 05, 2018
Sixth Circuit Panel Splits on the Attributes of a ‘Governmental Unit’
Sixth Circuit narrowly rules that a community health service is not a governmental unit and is thus eligible for chapter 11.
6th Circuit
September 04, 2018
Circuits Split on Sovereign Immunity and Emotional Distress Damages for a Stay Violation
Ninth Circuit splits with the First on the interpretation of Section 106(a).
9th Circuit
August 30, 2018
Fifth Amendment Can Be an Almost Complete Bar to a Rule 2004 Production
Required records and authenticated documents already known to exist are not protected from production by the privilege against self-incrimination.
5th Circuit
,
Texas
,
Texas Western District
August 29, 2018
A Receiver Can Bar the Old Board from Filing a Bankruptcy Petition
By removing the incumbent board, a receiver can bar the old board from filing a bankruptcy petition, the Ninth Circuit holds.
9th Circuit
August 27, 2018
A Plan Can Release Claims for Post-Confirmation Conduct, Third Circuit Says
Third Circuit leaves open the question of whether distributions to shareholders in chapter 11 must follow FINRA rules.
3rd Circuit
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