June 22, 2022

A Hotel Without Income Is ‘Single Asset Real Estate,’ District Judge Says

An operating hotel may not be single asset real estate, but an uncompleted hotel with no income is single asset real estate, according to a Los Angeles district judge.

9th Circuit, California, California Central District

April 23, 2021

Hotel Isn’t ‘Single Asset Real Estate’ and Is Eligible for Subchapter V Reorganization

Apartment buildings are single asset real estate, but hotels aren’t, says Orlando’s Bankruptcy Judge Karen Jennemann.

11th Circuit, Florida, Florida Middle District

July 29, 2020

Using a Casino’s ATM Makes the Casino the Initial Transferee, Not a ‘Mere Conduit’

New York judge gives casinos the responsibility for assuring that a gambler’s use of a corporate ATM card is not a fraudulent transfer.

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

October 19, 2018

‘Innocent’ Transferee Held Potentially Liable for Payment from a Ponzi Scheme

With partial success, trustee sues the casino where a fraudster gambled away stolen money.

2nd Circuit, New York, New York Eastern District

February 01, 2018

Sovereign Immunity Fully Insulates a Tribe from Lawsuits

Sovereign immunity protects a tribe even after successful veil piercing.

6th Circuit, Michigan, Michigan Eastern District

October 30, 2017

Notre Dame Football Tickets Are Not Exempt Property, South Bend Judge Holds

Notre Dame football tickets are not necessary for a fresh start.

7th Circuit, Indiana, Indiana Northern District

March 28, 2016

Second Circuit Closes Loopholes in ‘Safe Harbor’ to Protect Selling LBO Shareholders

Creditors, not just trustees, are barred from suing by Section 546(e).

2nd Circuit

January 19, 2016

Expired Union Contract Can Be Rejected, Third Circuit Holds in Trump Chapter 11

Bankrupt employers get a boost from the Third Circuit for negotiations with labor unions.