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Home
August 01, 2018
Delaware’s Judge Sontchi Writes a Seminal Opinion on Sovereign Immunity
A bankruptcy court’s in rem jurisdiction overrides a claim of sovereign immunity.
3rd Circuit
,
Delaware
July 31, 2018
Ninth Circuit Requires Explicit Objection to Avoid Forfeiting an Appeal
Ethical issues abound when a committee counsel’s own financial interest conflicts with its client’s interests.
9th Circuit
July 27, 2018
Tax Foreclosure in New York Can Be a Fraudulent Transfer, District Judge Says
The Supreme Court’s BFP opinion on mortgage foreclosures held not applicable to tax foreclosures in New York.
2nd Circuit
,
New York
,
New York Western District
July 26, 2018
Specific Request Required for ‘Admin’ Claim after Contract Rejection
A creditor’s expenses in removing its equipment after contract rejection is not entitled to administrative status.
5th Circuit
,
Louisiana
,
Louisiana Eastern District
July 23, 2018
A Casually Written Email by Counsel Can Be an Agreement in the Second Circuit
Mediation can result in a binding settlement even without a written agreement.
2nd Circuit
July 20, 2018
Profit Sharings in Leases Are Unenforceable Anti-Assignments, Third Circuit Says
Third Circuit upholds Delaware’s Judge Gross by nixing profit-sharing agreements under Section 365(f)(1).
July 11, 2018
Seventh Circuit Opens a Can of Worms on Bankruptcy Sales and Adequate Protection
Do free and clear sales confer interests that are entitled to adequate protection?
7th Circuit
July 10, 2018
New York Judge Takes a Forgiving View of ‘Actual Conflict’ in Section 327(c)
Firm allowed to drop a creditor-client and represent the debtor in chapter 11.
2nd Circuit
,
New York
,
New York Southern District
July 09, 2018
U.S. Trustee Criticized for Dumping the ‘Jay Alix Protocol’
New York bankruptcy judge approves retention of a crisis manger under Section 363(b) who might be disqualified under Section 327(a).
2nd Circuit
,
New York
,
New York Southern District
July 02, 2018
Fifth Circuit Expounds on Overlooked Aspects of the Strong Arm Power
News flash: Louisiana law is different!
5th Circuit
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