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January 07, 2020

The Supreme Court’s Merit Management opinion fails to persuade the Second Circuit to change the result in Tribune.

January 02, 2020

A PACA trust lacks the hallmarks of a trust, so a failure to pay a produce supplier doesn’t give rise to a nondischargeable debt for defalcation while acting in a fiduciary capacity, Judge Goldgar says.

December 30, 2019

Appeals court upholds finding that the mortgage securities market in 2007 was declining, not dysfunctional.

December 26, 2019

Fifth Circuit should decide en banc whether nondebtor releases are permissible in receiverships but not in bankruptcy cases.

December 23, 2019

Third Circuit emphasizes the limitation of nonconsensual, third-party releases to ‘exceptional’ cases.

December 20, 2019

Now on the district court bench, then-Bankruptcy Judge Frank Volk was upheld in a tricky case involving the government’s right of setoff.

December 19, 2019

Virginia case highlights the damage that will be done to debtor protections if affirmative action is required for a stay violation.

December 16, 2019

Over a dissent, the Sixth Circuit holds that FERC may offer its opinion but may not bar a bankruptcy court from rejecting a power purchase agreement after considering the public interest.

December 10, 2019

Saying she is in the minority in her district, a new Delaware judge ruled that allowing creditors to opt out won’t permit a plan to impose nonconsensual, third-party releases.

December 09, 2019

New York intermediate appellate courts are split on critical questions about the ‘start date’ for the statute of limitations on mortgage foreclosure.