Business Reorganization

Terminating a Lease for Default Doesn’t Invoke the § 362(b)(10) Stay Exception

Lower courts are split on whether terminating a nonresidential lease for default means there is no automatic stay.

Three Circuits Now Agree: Fuel Subcontractors Don’t Have Maritime Liens

Fifth Circuit goes along with the Second and Eleventh by holding that supplying “necessaries” isn’t enough to justify a maritime lien.
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Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice

BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.
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Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice

BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.
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Ninth Circuit Finds a Loophole to Reduce a Pre-Bankruptcy Fee Award

Prepetition judgments for attorneys’ fees are not sacrosanct in bankruptcy.
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