First and Ninth Circuits Split on Discharge of Takings Clause Claims Splitting with the Ninth Circuit, the First Circuit holds that claims under the Takings Clause cannot be discharged in a municipal bankruptcy. Read more about First and Ninth Circuits Split on Discharge of Takings Clause Claims
First Circuit Won’t Allow a Lien to Be Waived by Implication Foreclosing on cash doesn’t moot an appeal from the order modifying the automatic stay as to cash. Read more about First Circuit Won’t Allow a Lien to Be Waived by Implication
Stay Violation Order Is Final Even Before Attorneys’ Fees Are Awarded, Circuit Says First Circuit rules that an order finding a stay violation must be appealed before the bankruptcy court grants an award of attorneys’ fees. Read more about Stay Violation Order Is Final Even Before Attorneys’ Fees Are Awarded, Circuit Says
Equity Can’t Alter the Three Petitioning Creditors Requirement, First Circuit Rules Even if a debtor has committed fraud, at least three creditors still must join an involuntary petition if the debtor has 12 or more creditors. Judge Name - Do not use it. William J. Kayatta, Jr. Read more about Equity Can’t Alter the Three Petitioning Creditors Requirement, First Circuit Rules
First Circuit Gives Puerto Rico Bondholders a Second Bite at the Apple Puerto Rico’s toll road bonds don’t have statutory liens, circuit court rules. Judge Name - Do not use it. William J. Kayatta, Jr. Read more about First Circuit Gives Puerto Rico Bondholders a Second Bite at the Apple
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. Judge Name - Do not use it. William J. Kayatta, Jr. Read more about Asset Sale Appeals Are Moot Even if There Is a Jevic Violation, First Circuit Says
Circuit Split Deepens on Rejection of Trademark Licenses First Circuit follows the Fourth Circuit’s Lubrizol and rejects the Seventh Circuit’s Sunbeam. Judge Name - Do not use it. William J. Kayatta, Jr., Juan R. Torruella Read more about Circuit Split Deepens on Rejection of Trademark Licenses
First Circuit Looks Behind a Judgment in Ruling on Involuntary Petition Minor dispute as to amount bars using a claim for filing an involuntary petition. Judge Name - Do not use it. William J. Kayatta Jr. Read more about First Circuit Looks Behind a Judgment in Ruling on Involuntary Petition