April 11, 2022
If a proceeding is sub judice when the defendant files bankruptcy, the plaintiff should figure out whether a decision after bankruptcy would violate the automatic stay.
9th Circuit
April 06, 2022
The Supreme Court is still giving no hints about whether arbitration agreements are enforceable in bankruptcy cases.
Supreme Court
April 04, 2022
A prevailing party can’t appeal arguably erroneous findings.
2nd Circuit
April 01, 2022
Submitting a retention order with the wrong word resulted in a pivotal issue on appeal.
3rd Circuit, Delaware
March 28, 2022
A lien securing a claim based on the purchase or sale of securities is subordinated, just like the claim, the Ninth Circuit BAP says.
9th Circuit
March 25, 2022
A hybrid contract covering both goods and services is accorded priority status under Section 503(b)(9) only for the value of the goods, even if the contract primarily involved the sale of goods.
10th Circuit, Colorado
March 23, 2022
The circuits are now split 2/1 on the waiver of sovereign immunity under Section 544(b) for lawsuits by a trustee based on claims that could have been made by an actual creditor.
4th Circuit
March 21, 2022
Unsuccessfully attempting to punch homes in Mirant, FERC emerged from the Fifth Circuit with no power to stop bankruptcy courts from rejecting contracts otherwise within FERC’s jurisdiction.
5th Circuit
