Practice and Procedure

Supreme Court Declines to Rule on Equitable Mootness

Sewer customers challenged the dismissal of their appeal from confirmation of the Jefferson County chapter 9 municipal debt restructuring.

Seventh Circuit Rules that Section 363(m) Doesn’t Render Appeals Moot

Seventh Circuit overrules two precedents holding that Section 363(m) renders appeals moot.

Chapter 15 Recognition Not Required to Enforce a Foreign Reorganization in the U.S.

Non-debtor, third-party release enforced along with granting international comity.

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.

Second Circuit Allows Extraterritorial Application of Sections 548 and 550

Neither comity nor the presumption against extraterritorial application of U.S. statutes bars trustees from suing to recover subsequent transfers made abroad.

Sixth Circuit Shows Why the Supreme Court Must Reverse Taggart

The appeals court didn’t allow an ambiguous state statute to confer absolution for violating the automatic stay.

Chapter 15 Primer: Learning the Global Chess Game

April 2019

Supreme Court Hears Oral Argument on Rejection of Trademark Licenses

Thirty-five years later, the Supreme Court might reverse Lubrizol.

Preparing for Direct and Cross- Examination Testimony as a Valuation Expert