Rochelle's Daily Wire

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business Cases

Manhattan Judge Refuses to Rubber-Stamp a Sealing Motion
December 18, 2017
2nd Circuit , New York , New York Southern District ,
Protecting negotiating leverage isn’t grounds for sealing the terms of a lease.
Sixth Circuit Has Simple Requirement for a Debtor’s Claim to Survive Confirmation
December 13, 2017
6th Circuit ,
If creditors want more information about a lawsuit to pursue after confirmation, they must ask for it.
Courts Shifting to Say Corporate ‘S’ Status Is Not Property
December 12, 2017
4th Circuit , Virginia , Virginia Eastern District ,
Virginia judge sides with Third Circuit to hold that ‘S’ status is not a corporate debtor’s property.
Inventory Liens Always Prevail over Reclamation Claims, Indianapolis Judge Says
December 11, 2017
7th Circuit , Indiana , Indiana Southern District ,
BAPCPA amendments were a mess but cleaned up one issue on reclamation, according to Judge Graham.
New York Judge Bars Use of Chapter 15 to Disrupt a Foreign Bankruptcy
December 8, 2017
2nd Circuit , New York , New York Southern District ,
‘Bankruptcy tourism’ seems unaffected by an unusual cross-border insolvency.
Circuits Split on Appellate Standard for Finding of ‘Indubitable Equivalent’
December 8, 2017
4th Circuit ,
Equitable defenses can bar payment of interest on a fully secured claim, Fourth Circuit holds.
Fuel Subcontractor Denied Maritime Lien by the Eleventh Circuit
December 6, 2017
11th Circuit ,
Upcoming Second Circuit decision will say whether there’s a circuit split arising from the O.W. Bunker bankruptcy.
Debtor Warns Supreme Court to Avoid Sunnyslope and Another Valuation Controversy
November 30, 2017
Supreme Court ,
There is no circuit split interpreting the Rash mandate to employ replacement value, debtor argues.
New GM Ignition Switch Suits Can Proceed in State Court, District Judge Says
November 15, 2017
2nd Circuit , New York , New York Southern District ,
The circuit court’s resolution of the bankruptcy law question prevents New GM from removing new suits to federal court.
Non-Voting Creditors’ Consent to Third Party Releases Can’t Be Inferred
November 14, 2017
2nd Circuit , New York , New York Southern District ,
New York and Delaware judges disagree on third party releases by non-voting creditors.

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