Supreme Court Primed to Hold Safe Harbor Inapplicable if Bank Is a ‘Mere Conduit’
Justices search for a ruling that limits Section 546(e) but isn’t too broad.
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Supreme Court to Tackle a Bankruptcy Tax Refund Circuit Split
Circuits are split on whether a tax refund presumptively goes to the subsidiary that created the losses giving rise to the refund.
Experts Discuss Supreme Court's Ruling in Taggart v Lorenzen
Experts Discuss the SCOTUS Decision in Tempnology
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.
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.
Equitable Mootness Attacked in Jefferson County ‘Cert’ Petition
Lack of a circuit split makes equitable mootness an unlikely topic for Supreme Court review.
Supreme Court Grants ‘Cert’ to Decide Whether Good Faith Is a Defense to Contempt
Supreme Court has three bankruptcy cases this term, on nonjudicial foreclosure, trademark rejection, and contempt for a stay violation.
Bankruptcy & the U.S. Supreme Court
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.
Supreme Court to Decide Whether Rejection Terminates Use of a Trademark
High court will resolve a circuit split dating back to the Fourth Circuit’s controversial Lubrizol opinion in 1985.
Status Report on the Supreme Court
Already primed to rule on nonjudicial foreclosure, the Supreme Court might take cases involving contempt, the automatic stay and trademarks.
Rochelle's Weekly Roundup
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
Own Houses in Different States, Claim a Homestead Exemption & Plan to Leave?
"The bankruptcy court in Felgner identified 10 factors from Murphy that are relevant in determining domicile: [...]"
Representations to Your Representation: Pre-Argument Preview of Lamar, Archer & Cofrin LLP v. Appling
"[...]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"
Supreme Court Clarifies Power to Claw Back Transfers Made Through Financial Institutions
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.
Tribune Creditors Seek Reconsideration on Implied Preemption by the ‘Safe Harbor’
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.
Supreme Court’s Second ‘Safe Harbor’ Case Is in Limbo
Two justices recommend that the Second Circuit reconsider the ‘Tribune’ safe harbor decision in light of Merit Management.
Week in Review with Bill Rochelle
ABI's Bill Rochelle discusses two key opinions handed down from both the Supreme Court and the Second Circuit.
Legal Scholars Examine Impact of SCOTUS Ruling in Merit v. FTI
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
Supreme Court Narrowly Interprets the Safe Harbor, Overrules the Majority of Circuits
Intermediate transfers to financial institutions do not trigger the safe harbor.
Circuit Split: Is a Deposit into a Debtor’s Bank Account a “Transfer” Under § 101(54)?