Insurance Companies Have Fewer Protections than Landlords and Aircraft Lessors
Absent special-interest legislation for bankruptcies, insurance companies remain in limbo.
First Circuit BAP Rejects Lubrizol on Rejection of Trademark Licenses
Boston BAP sides with Seventh Circuit, holding that trademark licenses survive rejection.
Mishandling Collateral Gives Rise to Nondischargeable Debt, Eleventh Circuit Holds
Mishandling collateral is nondischargeable even if the security interest is unperfected.
New York Stands Alone by Not Requiring Delivery to Transfer a Note and Mortgage
District judge makes an ‘Erie’ guess on an undecided issue of New York law.
Student Loans to Advance a Career Are Classified as Non-Consumer
Difficult to discharge, student loans are more easily classified as non-consumer for the presumptive abuse test.
Skeptical Delaware Judge Refuses to Confirm Reorg Plan
Cash outlays to junior creditors at confirmation sink chapter 11 plan.
Bankruptcy Powers Do Not Override Congressionally Mandated Internet Confidentiality
Third party’s emails are immune from discovery in bankruptcy, Judge Sontchi rules.
Third Circuit Splits with New York by Allowing Make-Whole Premiums in Chapter 11
Third Circuit says that New York bankruptcy court’s MPM decision was wrong.
Puerto Rico Beats Back Another Attack by Holders of Defaulted Bonds
Judge in Puerto Rico is forcing holders of defaulted bonds to negotiate, not litigate.
Obscure Provisions in Title 37 Bar Discharge of Unearned Reenlistment Bonuses
California judge counsels Ninth Circuit about procedures for enforcing discharge injunctions.