Rochellel's Daily Wire

January 18, 2018

Asset Sale Appeals Are Moot Even if There Is a Jevic Violation, First Circuit Says

Waiving the automatic stay and immediately closing a sale does not make Section 363(m) inapplicable.

1st Circuit

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

January 16, 2018

Circuit Split Deepens on Rejection of Trademark Licenses

First Circuit follows the Fourth Circuit’s Lubrizol and rejects the Seventh Circuit’s Sunbeam.

1st Circuit

January 15, 2018

Third Circuit Pushes Back on Widespread Invocation of Rooker-Feldman

A federal court can undermine a state court judgment without offending Rooker-Feldman, Third Circuit says.

3rd Circuit

January 15, 2018

Supreme Court Grants Certiorari in a Third Bankruptcy Case This Term

High court to decide whether a false oral statement about one asset results in nondischargeability.

Supreme Court

January 12, 2018

Bankruptcy Courts Cannot Impose Punitive Contempt Sanctions, District Judge Says

Circuits split on power of bankruptcy courts to impose punitive or criminal contempt sanctions.

2nd Circuit, Vermont

January 11, 2018

Extraterritoriality of Avoiding Powers Goes to the Second Circuit

A split of circuits will result if the Second Circuit does not reverse a Madoff decision.

2nd Circuit

January 10, 2018

BAP Declines to Rule on Waiver Resulting from Election to ‘Surrender’

Mortgage lender fails to export the Eleventh Circuit’s Failla decision to the Ninth Circuit.

9th Circuit

January 10, 2018

No Statute of Limitations Bar from Asserting a New Theory of Recovery

If a preference theory fails, try fraudulent transfer.

7th Circuit, Illinois, Illinois Northern District

January 09, 2018

Alabama District Judge Remains Antagonistic Toward Discharging Student Loans

ICRPs are always a factor in discharging student loans.

11th Circuit, Alabama, Alabama Middle District