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Home
March 20, 2018
Flip Clauses in Swaps Held Enforceable by District Judge in New York
For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.
2nd Circuit
,
New York
,
New York Southern District
March 13, 2018
Unlicensed Debt Collectors May File Proof of Claim Despite State Law
Midland Funding expanded to allow unlicensed debt collectors to file claims.
4th Circuit
,
Maryland
March 09, 2018
Second Circuit Bars Arbitration in a Class Action for Violating the Discharge Injunction
New case seems inconsistent with Second Circuit’s prior opinion compelling arbitration over an automatic stay violation.
2nd Circuit
February 27, 2018
Supreme Court Narrowly Interprets the Safe Harbor, Overrules the Majority of Circuits
Intermediate transfers to financial institutions do not trigger the safe harbor.
Supreme Court
February 26, 2018
En Banc, Ninth Circuit Holds: Only ‘True Sales’ of Receivables Comply with PACA
Ninth Circuit reverses its own precedent and eliminates a circuit split by favoring farmers.
9th Circuit
February 16, 2018
A Trademark License Rejection Case May End Up in the Supreme Court
A case on the ability of state law to take property out of the estate after filing may not go to the Supreme Court.
Supreme Court
January 25, 2018
The Validity of a ‘Golden Share’ to Bar a Filing Goes to the Fifth Circuit
The Fifth Circuit is being asked to decide whether loan structuring can prevent a borrower from filing bankruptcy.
5th Circuit
,
Mississippi
,
Mississippi Southern District
January 17, 2018
Properly Read, Seventh Circuit Opinion Does Not Undercut DIP Financing
Opinion does not mean that a DIP financing lien terminates when collateral is transferred.
7th Circuit
December 21, 2017
Courts Split on Ability to Redeem a Tax Deed Under a Plan
Another court rules on automatic removal of property from the estate under state law.
11th Circuit
,
Georgia
,
Georgia Northern District
Courts Split on Ability to Redeem a Tax Deed Under a Plan
Another court rules on automatic removal of property from the estate under state law.
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