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Home
March 14, 2019
Adversary Proceeding to Enjoin FERC Remains in Bankruptcy Court
District judge won’t withdraw the reference when PG&E rejects power purchase agreements.
9th Circuit
,
California
,
California Northern District
March 13, 2019
Trustee Gloms Proceeds of an Unperfected Consignment, Not Just the Goods
Ninth Circuit interprets UCC § 9-319(a) to permit avoidance of consignor’s interest in proceeds of an unperfected consignment.
9th Circuit
March 12, 2019
District Judge Finds No Loopholes in Ninth Circuit Aversion to Third-Party Releases
Free-and-clear sale won’t evade the Ninth Circuit’s rule against third-party, non-debtor releases.
9th Circuit
,
Washington
,
Washington Western District
March 11, 2019
A Pension Withdrawal Claim Arises Before Withdrawal Occurs, Manhattan Judge Says
Bankruptcy Judge Wiles politely says that the Sixth Circuit reached the correct result for the wrong reason.
2nd Circuit
,
New York
,
New York Southern District
March 08, 2019
Statute of Limitations Wasn’t Tolled During Bankruptcy, Sixth Circuit Rules
Sanctions weren’t justified for attempting to collect a time-barred tax claim.
6th Circuit
March 07, 2019
Defectively Executed Mortgages Are [Still] Avoidable in Ohio
Sixth Circuit distinguishes between a trustee’s powers as a bona fide purchaser compared to a hypothetical judicial lienholder.
6th Circuit
March 05, 2019
Seventh Circuit Rules that Section 363(m) Doesn’t Render Appeals Moot
Seventh Circuit overrules two precedents holding that Section 363(m) renders appeals moot.
7th Circuit
March 04, 2019
Chapter 15 Recognition Not Required to Enforce a Foreign Reorganization in the U.S.
Non-debtor, third-party release enforced along with granting international comity.
2nd Circuit
,
New York
,
New York Southern District
March 01, 2019
Creating a Split, Sixth Circuit Holds: No Waiver of Immunity for Indian Tribes
A divided panel of the Sixth Circuit holds that Section 106 does not waive sovereign immunity for Indian tribes.
6th Circuit
February 26, 2019
Sixth Circuit Shows Why the Supreme Court Must Reverse Taggart
The appeals court didn’t allow an ambiguous state statute to confer absolution for violating the automatic stay.
6th Circuit
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