Rochelle's Daily Wire

ABI Exclusive

business Cases

Justices Hear Argument in Lakeridge on Appellate Standards for Nonstatutory Insiders
November 1, 2017
Supreme Court ,
Supreme Court to decide if inferences from undisputed facts are reviewed de novo or for clear error.
Fifth Circuit Insulates Ds&Os for Authorizing Prebankruptcy Dividends and Bonuses
October 31, 2017
5th Circuit ,
To avoid dismissal, a complaint must allege each officer’s acts that breached fiduciary duty.
Plan’s Interest Rate Held to Govern Tax Claims, Not the Rate in the IRS Code
October 27, 2017
3rd Circuit , Delaware ,
‘Strained’ argument by the IRS about recoupment didn’t overcome terms of a confirmed plan.
Third Circuit Explains When Sale Orders Are Not Automatically Moot
October 26, 2017
3rd Circuit ,
Section 363(m) allows an appeal if the remedy won’t upset the sale itself, Third Circuit says.
Eleventh Circuit Approves Anti-Suit Injunction Protecting Non-Settling Defendant
October 24, 2017
11th Circuit ,
Millennium-like third-party releases were approved without reaching constitutional issues.
Second Circuit Splits with Third on Makewholes Occasioned by Bankruptcy
October 23, 2017
2nd Circuit ,
Till doesn’t apply in fixing cramdown interest rates in major corporate reorganizations, circuit says.
Using a U.S. Bank Precludes a Foreigner from Winning Dismissal Based on Comity
October 19, 2017
2nd Circuit , New York , New York Southern District ,
Stay violation and turnover suits held proper extraterritorial application of U.S. law.
ASARCO Read to Bar Fee-Defense Costs Even with a Fee-Shifting Agreement
October 16, 2017
5th Circuit , Texas , Texas Western District ,
Court shows antipathy to all theories seeking allowance of fees incurred in collecting fees.
Fraudulent Transfer Defendant Can’t Waive a Trustee’s Right to a Jury Trial
October 16, 2017
11th Circuit , Florida , Florida Southern District ,
Filing a proof of claim would have precluded a jury trial in a fraudulent transfer suit.
Inaccurate Disclosure Nixes a $275 Million Energy Future Breakup Fee Approved a Year Earlier
October 11, 2017
3rd Circuit , Delaware ,
Breakup fee cannot be paid if the court or regulators disapprove a proposed sale.

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