business Cases
February 20, 2020
Appeals court says that using a trust for future asbestos claims rather than a bar order would be cheaper and avoid unnecessary litigation.
February 17, 2020
The bankruptcy court had ‘core’ jurisdiction over a dispute between two nondebtor third parties because the litigation involved the interpretation of a financing order.
February 13, 2020
The 2005 amendments to Section 546(c) departed from state law under UCC § 2-702 by creating a federal rule making reclamation claims subordinate to existing secured claims and DIP financing.
February 10, 2020
3rd Circuit , Delaware ,
Delaware’s Judge Owens won’t allow perpetrators of a fraudulent transfer to benefit from avoiding the transfer.
February 5, 2020
First Circuit rules that an order finding a stay violation must be appealed before the bankruptcy court grants an award of attorneys’ fees.
January 31, 2020
District judge decides that he lacked jurisdiction to enforce a cross-border protocol against foreign liquidators.
January 30, 2020
Careful drafting and copious documentation are required for a bifurcated fee arrangement to pass muster in chapter 7.
January 29, 2020
3rd Circuit , Delaware ,
The one-year discovery clause in UFTA allows a debtor or trustee to file an avoidance suit even if the ordinary four-year statute has elapsed.
January 27, 2020
Sixth Circuit upholds dismissal of claims for reverse veil piercing and reverse alter ego.
January 24, 2020
Courts are split on the question of whether the incorporation of AAA rules by reference allows arbitrators to decide threshold questions of arbitrability and validity of an agreement to arbitrate.