Rochelle's Daily Wire

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business Cases

‘Close Nexus’ Test Not Always Applicable for Post-Confirmation Jurisdiction
December 8, 2016
3rd Circuit , Delaware ,
Rule 2004 may be used after confirmation, even if the plan does not reserve jurisdiction.
New Mexico Judge Avoids the Jevic Controversy by Requiring Payment on Priority Claims
December 7, 2016
10th Circuit , New Mexico ,
‘General unsecured creditor’ is an ambiguous term not defined in the Bankruptcy Code or Rules.
New York Bankruptcy Judge Bars Use of ‘Safe Harbor’ When Bank Is Only a Conduit
December 6, 2016
2nd Circuit , New York , New York Western District ,
Buffalo judge braves Second Circuit authority to disregard ‘safe harbor’ in stock buyback.
Cutting Off Medicare Funding Is Exempt from the Automatic Stay, First Circuit Says
December 1, 2016
1st Circuit ,
First Circuit declines to take sides in circuit split over jurisdiction in Medicare disputes.
Ninth Circuit Extends Barton to Protect Creditors’ Committee Members
November 30, 2016
9th Circuit ,
Ninth Circuit lays down rules governing derivative judicial immunity for official committee members.
Section 106 Waivers of Sovereign Immunity May Be Unconstitutional Sometimes
November 29, 2016
4th Circuit , Virginia , Virginia Eastern District ,
Patriot Coal decision analyzes Supreme Court authorities on sovereign immunity.
D’Oench Duhme Gives FDIC Broad Protection from Fraudulent Transfer Suits
November 29, 2016
7th Circuit , Illinois , Illinois Northern District ,
Bank need not be a party to a secret agreement for D’Oench Duhme defense to apply.
First Circuit BAP Rejects Lubrizol on Rejection of Trademark Licenses
November 25, 2016
1st Circuit ,
Boston BAP sides with Seventh Circuit, holding that trademark licenses survive rejection.
Skeptical Delaware Judge Refuses to Confirm Reorg Plan
November 21, 2016
3rd Circuit , Delaware ,
Cash outlays to junior creditors at confirmation sink chapter 11 plan.
Bankruptcy Powers Do Not Override Congressionally Mandated Internet Confidentiality
November 21, 2016
3rd Circuit , Delaware ,
Third party’s emails are immune from discovery in bankruptcy, Judge Sontchi rules.

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