business Cases
February 28, 2018
3rd Circuit , Delaware ,
An asset purchaser cannot escape liability for appropriating the benefits of a contract that was not assumed and assigned.
February 27, 2018
Intermediate transfers to financial institutions do not trigger the safe harbor.
February 26, 2018
Ninth Circuit reverses its own precedent and eliminates a circuit split by favoring farmers.
February 23, 2018
The Fourth Circuit and a Delaware bankruptcy judge reach opposite conclusions on motions to dismiss petitions by solvent debtors.
February 22, 2018
3rd Circuit , Delaware ,
Consumer protection claims brought by states are nondischargeable in chapter 11 only when the state has been the target of fraudulent representations.
February 21, 2018
Res judicata is flexibly applied again to bankruptcy cases.
February 16, 2018
A security retainer held by a foreign liquidator’s U.S. counsel satisfies the chapter 15 requirement of property in the U.S.
February 13, 2018
9th Circuit , Montana ,
Courts split on which change of venue statute applies to ‘related to’ suits in district court.
February 12, 2018
Opinion ostensibly leaves a debtor without recourse for a supplier’s post-petition breach occurring before rejection.
February 8, 2018
A secured creditor making the 1111(b) election is not automatically entitled to a due-on-sale clause paying the claim in full if the property is sold after confirmation.