June 30, 2020
A properly drafted union contract still failed to leave a company officer with a nondischargeable debt for failing to make employer contributions to a union welfare fund.
2nd Circuit, New York, New York Eastern District
June 29, 2020
Government often wins by arguing that the Small Business Act prohibits injunctions forcing the SBA to consider granting ‘PPP’ loans without regard to whether the applicant is a chapter 11 debtor.
5th Circuit
June 24, 2020
In a rapid-fire appeal, the Fifth Circuit ruled that the Small Business Act bars bankruptcy courts from enjoining the SBA.
5th Circuit
June 24, 2020
Eventually, the Supreme Court will decide whether bankruptcy is a unique exception to the general rule that arbitration agreements are rigorously enforced.
4th Circuit, South Carolina
June 22, 2020
Judge Thuma describes nonstatutory exceptions to the statutes of limitations in Sections 546(a) and 550(f).
10th Circuit, New Mexico
June 19, 2020
Second Circuit says that later Supreme Court authority did not undermine the appeals court’s prior decision that creditors cannot compel arbitration of discharge violations.
2nd Circuit
June 17, 2020
Aligning with the Third Circuit, the Ninth Circuit says that lower courts were reading its prior decisions too broadly.
9th Circuit
