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Home
December 14, 2017
Odds Rise for a Supreme Court Ruling on Valuation Standard for Chapter 11 Cramdown
Professors and former judges urge Supreme Court to review Sunnyslope.
Supreme Court
Due Process Violations Can Be Waived by Inaction, Eleventh Circuit Says
Motion for reconsideration must be made promptly, or due process violation will evaporate.
11th Circuit
December 13, 2017
Eleventh Circuit Requires No Objection to Overturn a Final Confirmation Order
Split decision allows a lender to take property out of an estate automatically.
11th Circuit
December 12, 2017
Courts Shifting to Say Corporate ‘S’ Status Is Not Property
Virginia judge sides with Third Circuit to hold that ‘S’ status is not a corporate debtor’s property.
4th Circuit
,
Virginia
,
Virginia Eastern District
December 11, 2017
Inventory Liens Always Prevail over Reclamation Claims, Indianapolis Judge Says
BAPCPA amendments were a mess but cleaned up one issue on reclamation, according to Judge Graham.
7th Circuit
,
Indiana
,
Indiana Southern District
December 08, 2017
New York Judge Bars Use of Chapter 15 to Disrupt a Foreign Bankruptcy
‘Bankruptcy tourism’ seems unaffected by an unusual cross-border insolvency.
2nd Circuit
,
New York
,
New York Southern District
Circuits Split on Appellate Standard for Finding of ‘Indubitable Equivalent’
Equitable defenses can bar payment of interest on a fully secured claim, Fourth Circuit holds.
4th Circuit
December 07, 2017
Chicago Strikes Out on Priority Status for Post-Petition Parking Fines
Clever drafting of chapter 13 plans prevents collection of post-petition parking fines.
7th Circuit
,
Illinois
,
Illinois Northern District
December 06, 2017
Fuel Subcontractor Denied Maritime Lien by the Eleventh Circuit
Upcoming Second Circuit decision will say whether there’s a circuit split arising from the O.W. Bunker bankruptcy.
11th Circuit
November 30, 2017
Debtor Warns Supreme Court to Avoid Sunnyslope and Another Valuation Controversy
There is no circuit split interpreting the Rash mandate to employ replacement value, debtor argues.
Supreme Court
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