Rochellel's Daily Wire

May 01, 2017

Supreme Court to Decide Whether Using a ‘Mere Conduit’ Invokes the 546(e) ‘Safe Harbor’

Justices to rule on a narrow issue regarding the ‘safe harbor’ and leveraged buyouts.

Supreme Court

April 28, 2017

Justice Gorsuch May Be the Deciding Fourth Vote on Certiorari in Tribune

The ‘safe harbor’ protecting sellers in LBOs comes to the Supreme Court again.

Supreme Court

April 28, 2017

Written Motions to Adjourn Foreclosure Do Not Violate the Stay, Circuit Says

Causing a debtor to incur cost isn’t necessarily a stay violation in the Third Circuit.

3rd Circuit

April 27, 2017

Bankruptcy Judge Has No Power to ‘Unrefer’ a Suit to District Court

Another New York judge refuses to send a case to Delaware.

2nd Circuit, New York, New York Southern District

April 26, 2017

In Dischargeability, No Disclosure Required if Not Requested

Sometimes, failure to disclose material facts is not misleading.

1st Circuit

April 25, 2017

Police Power Exception Doesn’t Apply to Suits by Private Attorneys General

Private suits to enforce state labor laws are halted by the automatic stay, circuit holds.

9th Circuit

April 24, 2017

Deemed Recourse Rights under Section 1111(b) Don’t Survive Foreclosure, Circuit Says

Ninth Circuit says deemed recourse terminates when the estate no longer owns the collateral.

9th Circuit

April 22, 2017

Enforcement of an Existing Injunction Is Not ‘Final’ and Thus Not Appealable

Tronox spans more law, this time on finality regarding injunctions.

2nd Circuit

April 21, 2017

Foolishly Accumulating Student Loans Does Not Factor into Dischargeability, Circuit Holds

ABI President Eugene Wedoff wins a pro bono victory in the Eleventh Circuit.

11th Circuit

April 21, 2017

Bank Zapped $1.3 Million for an Erroneous Estoppel Letter that Blocked a Sale

Lender assessed the costs of chapter 11 for causing an unnecessary bankruptcy.

11th Circuit, Florida, Florida Middle District