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.
June 21, 2018
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.
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 CircuitJune 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 DistrictJune 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 CircuitJune 15, 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 CircuitJune 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 CourtJune 14, 2018
‘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 CourtJune 11, 2018
Bankruptcy Code Preempts State Law Invalidating KERPs, Delaware Judge Says
A waiver in a KERP is enforceable even if it violates state labor law, Judge Carey rules.
3rd Circuit, DelawareJune 06, 2018
Buying Just Enough Unsecured Claims to Defeat Confirmation Is Ok, Ninth Circuit Says
To warrant ‘designation,’ a claim purchaser must have an ‘ulterior motive’ beyond self-interest.
9th Circuit