ABI's Bill Rochelle discusses two key opinions handed down from both the Supreme Court and the Second Circuit. For the week of March 9, 2018.
Other content in this Stream
Circuits are split on whether a tax refund presumptively goes to the subsidiary that created the losses giving rise to the refund.
On May 20, the Court held that rejection of an executory trademark license does not bar the licensee from continuing to use the mark. Join our panel of experts to learn more.
The appeals court didn’t allow an ambiguous state statute to confer absolution for violating the automatic stay.
Lack of a circuit split makes equitable mootness an unlikely topic for Supreme Court review.
Supreme Court has three bankruptcy cases this term, on nonjudicial foreclosure, trademark rejection, and contempt for a stay violation.
Join leading bankruptcy scholars as they discuss will not only the most important bankruptcy decisions by the Supreme Court but also on the decision-making process that the Justices undertake.
High court will resolve a circuit split dating back to the Fourth Circuit’s controversial Lubrizol opinion in 1985.
Already primed to rule on nonjudicial foreclosure, the Supreme Court might take cases involving contempt, the automatic stay and trademarks.
ABI Editor-at-Large Bill Rochelle discusses how a circuit split on proving contempt could be headed for the Supreme Court. Sign up for Bill's daily e-mail featuring key case analysis delivered direc
Supreme Court Nomination Process 2018
"The bankruptcy court in Felgner identified 10 factors from Murphy that are relevant in determining domicile: [...]"
"[...]expect more adversary proceedings about what a debtor “obtained” from a creditor and the amount of information the creditor has about the debtor’s financial condition"
A Feb. 27, 2018, decision by the U.S. Supreme Court resolved a split in the circuit courts by clarifying that a bankruptcy trustee[...] may claw back preferences and constructive fraudulent transfers.
Following a suggestion made by two Supreme Court justices, Tribune creditors ask the Second Circuit to recall the mandate and remand for reconsideration in district court.
Two justices recommend that the Second Circuit reconsider the ‘Tribune’ safe harbor decision in light of Merit Management.
Who's part of this year's class of honorees?
The Supreme Court on Feb. 27 ruled in Merit Management Group, LP v. FTI Consulting, Inc. (16-784) that the only relevant transfer for purposes of the §546(e) safe harbor is the transfer that the trust
Intermediate transfers to financial institutions do not trigger the safe harbor.