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Home
November 01, 2017
Justices Hear Argument in Lakeridge on Appellate Standards for Nonstatutory Insiders
Supreme Court to decide if inferences from undisputed facts are reviewed de novo or for clear error.
Supreme Court
October 31, 2017
Fifth Circuit Insulates Ds&Os for Authorizing Prebankruptcy Dividends and Bonuses
To avoid dismissal, a complaint must allege each officer’s acts that breached fiduciary duty.
5th Circuit
October 27, 2017
Plan’s Interest Rate Held to Govern Tax Claims, Not the Rate in the IRS Code
‘Strained’ argument by the IRS about recoupment didn’t overcome terms of a confirmed plan.
3rd Circuit
,
Delaware
October 26, 2017
Third Circuit Explains When Sale Orders Are Not Automatically Moot
Section 363(m) allows an appeal if the remedy won’t upset the sale itself, Third Circuit says.
3rd Circuit
October 24, 2017
Eleventh Circuit Approves Anti-Suit Injunction Protecting Non-Settling Defendant
Millennium-like third-party releases were approved without reaching constitutional issues.
11th Circuit
October 23, 2017
Second Circuit Splits with Third on Makewholes Occasioned by Bankruptcy
Till doesn’t apply in fixing cramdown interest rates in major corporate reorganizations, circuit says.
2nd Circuit
October 20, 2017
First Circuit Narrowly Defines Fiduciaries Who Are Prohibited Buyers of Estate Assets
First Circuit narrowly applies equitable mootness in a receivership sale.
1st Circuit
October 19, 2017
Using a U.S. Bank Precludes a Foreigner from Winning Dismissal Based on Comity
Stay violation and turnover suits held proper extraterritorial application of U.S. law.
2nd Circuit
,
New York
,
New York Southern District
October 16, 2017
ASARCO Read to Bar Fee-Defense Costs Even with a Fee-Shifting Agreement
Court shows antipathy to all theories seeking allowance of fees incurred in collecting fees.
5th Circuit
,
Texas
,
Texas Western District
Fraudulent Transfer Defendant Can’t Waive a Trustee’s Right to a Jury Trial
Filing a proof of claim would have precluded a jury trial in a fraudulent transfer suit.
11th Circuit
,
Florida
,
Florida Southern District
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