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April 01, 2019
Payments Under the NFL’s Brain Injury Settlement Are Held Exempt on Appeal
Former NFL players with neurological impairment can file bankruptcy and exempt payments under league’s concussion settlement.
11th Circuit
,
Florida
,
Florida Southern 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
January 07, 2019
Eleventh Circuit Allows Termination of Retiree Benefits in a Chapter 11 Liquidation
Operations must continue for a debtor to invoke Section 1114 in a chapter 11 liquidation, Eleventh Circuit says.
11th Circuit
November 08, 2018
New Jersey Judges Side with the Minority on Turnover of Repossessed Autos
Split deepens regarding failure to return a repossessed auto as an automatic stay violation.
3rd Circuit
,
New Jersey
October 18, 2018
Tenth Circuit Opinion Can Be the Springboard for a ‘Cert’ on the Automatic Stay
Circuit split is widening on whether inaction can be a violation of the automatic stay.
10th Circuit
August 03, 2018
Covenant Not to Compete Survives a Chapter 7 Discharge, Judge Nugent Says
Breaching a covenant not to compete does not give rise to a claim, because the primary remedy is equitable.
10th Circuit
,
Kansas
July 03, 2018
Payments Under the NFL’s Brain Injury Settlement Are Exempt, Florida Judge Rules
Compensation for brain injury is a disability payment, not payment on a tort claim.
11th Circuit
,
Florida
,
Florida Southern District
June 11, 2018
Bankruptcy Code Preempts State Law Invalidating KERPs, Delaware Judge Says
A waiver in a KERP is enforceable even if it violates state labor law, Judge Carey rules.
3rd Circuit
,
Delaware
December 20, 2017
Fourth Circuit Ducks a Split on Pension Contributions in Chapter 13
Sixth Circuit remains the only appeals court to preclude all pension contributions after a chapter 13 filing.
4th Circuit
November 22, 2017
Tenth Circuit Direct Appeal to Decide Whether the Automatic Stay Is Really Automatic
Circuits are split on whether inaction is an ‘act’ that violates the automatic stay.
10th Circuit
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