March 07, 2018
California Supreme Court Kills the Jewel Doctrine on a Certified Question
Jewel has now been formally rejected in New York and California. Washington, D.C. is next.
9th Circuit, CaliforniaMarch 06, 2018
Kentucky Judge Refuses to Approve a ‘No Seal, No Deal’ Settlement
The parties’ wishes are insufficient to justify sealing.
6th Circuit, Kentucky, Kentucky Eastern DistrictMarch 05, 2018
Which Court Has a Better Claim to Jurisdiction in Successive Bankruptcies?
Yet another example of how hard cases make bad law.
2nd Circuit, New York, New York Eastern DistrictMarch 05, 2018
Supreme Court Says Insider Status Is Reviewed for Clear Error Under Existing Test
Some justices are critical of the existing test for ruling on non-statutory insider status.
Supreme CourtFebruary 28, 2018
Delaware Judge Nixes the Notion of Implied Assumption of Executory Contracts
An asset purchaser cannot escape liability for appropriating the benefits of a contract that was not assumed and assigned.
3rd Circuit, DelawareFebruary 27, 2018
Ninth Circuit BAP Backs Away from Automatic Dismissal of ‘Marijuana’ Cases
Debtor must violate criminal law to justify dismissal, concurring opinion says.
9th CircuitFebruary 27, 2018
Supreme Court Narrowly Interprets the Safe Harbor, Overrules the Majority of Circuits
Intermediate transfers to financial institutions do not trigger the safe harbor.
Supreme CourtFebruary 26, 2018
En Banc, Ninth Circuit Holds: Only ‘True Sales’ of Receivables Comply with PACA
Ninth Circuit reverses its own precedent and eliminates a circuit split by favoring farmers.
9th CircuitFebruary 23, 2018
Solvency May or May Not Result in Dismissal
The Fourth Circuit and a Delaware bankruptcy judge reach opposite conclusions on motions to dismiss petitions by solvent debtors.
4th CircuitFebruary 22, 2018
Consumer Protection Claims by Governments Are Discharged in Chapter 11
Consumer protection claims brought by states are nondischargeable in chapter 11 only when the state has been the target of fraudulent representations.
3rd Circuit, Delaware