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Home
June 25, 2018
Bankruptcy Court’s Contempt Power Includes Incarceration for More Than Three Years
Ninth Circuit gives short shrift to a man who continues defying an order to turn over $1.4 million of estate property.
9th Circuit
June 22, 2018
Terminating a Lease for Default Doesn’t Invoke the § 362(b)(10) Stay Exception
Lower courts are split on whether terminating a nonresidential lease for default means there is no automatic stay.
6th Circuit
,
Michigan
,
Michigan Eastern District
June 21, 2018
Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice
BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.
9th Circuit
Three Circuits Now Agree: Fuel Subcontractors Don’t Have Maritime Liens
Fifth Circuit goes along with the Second and Eleventh by holding that supplying “necessaries” isn’t enough to justify a maritime lien.
5th Circuit
June 20, 2018
Ninth Circuit Finds a Loophole to Reduce a Pre-Bankruptcy Fee Award
Prepetition judgments for attorneys’ fees are not sacrosanct in bankruptcy.
9th Circuit
June 19, 2018
Filings by the Debtor Sufficed as the Creditor’s Informal Proof of Claim
Fifth Circuit’s liberal rule on allowing an informal proof of claim is interpreted liberally.
5th Circuit
,
Texas
,
Texas Southern District
June 15, 2018
Second and Eleventh Circuits Agree: Fuel Subcontractors Don’t Have Maritime Liens
Notions of equity go out the window when the issue is maritime liens.
2nd Circuit
Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice
BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.
9th Circuit
June 14, 2018
‘Cert’ Petition Asks Supreme Court to Overrule Lubrizol on Trademark Licenses
What did Congress mean in Sections 365(n) and 101(35A)? Is the right to use a trademark terminated when a trademark license is rejected?
Supreme Court
‘Cert’ Petition Wants Discharge Violations to Be Arbitrated
Petitioner contends the Second Circuit was wrong to bar arbitration in view of the Supreme Court’s decision in Epic Systems.
Supreme Court
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