Rochelle's Daily Wire

ABI Exclusive

business Cases

In a Circuit Split, Ninth Circuit Tags Innocent Sellers with Fraudulent Transfer Liability
October 10, 2017
9th Circuit ,
Split decision refuses to invoke ‘equity’ to override a policy choice made by Congress.
Bankruptcy Court Finds Constitutional Power to Grant Releases in Confirmation Orders
October 9, 2017
3rd Circuit , Delaware ,
Delaware bankruptcy judge disagrees with district court on final adjudicatory power to include third-party releases in confirmation orders.
Seventh Circuit Opines on Method for Calculating ‘New Value’ Defense
September 27, 2017
7th Circuit ,
Average daily sales suffice to show the date when new value was advanced.
Retention Agreements Allowing Defense Fees Ok in New Mexico, but Not in Delaware
September 25, 2017
10th Circuit , New Mexico ,
Baker Botts v. ASARCO doesn’t prohibit retention agreements allowing fees for defense of fees, judge holds.
Survivor’s Pension Benefits Are Not ‘Retiree Benefits’ Protected by Section 1114
September 21, 2017
2nd Circuit , New York , New York Southern District ,
Judge uses legislative history because Section 1114 is ambiguous.
Delaware Judge Narrows Jevic to Prohibit Only End-of-Case Priority Skipping
September 18, 2017
3rd Circuit , Delaware ,
Priority skipping permitted as part of final approval of DIP financing.
Transferring COMI to Avoid Liquidation Is Ok in Chapter 15
September 13, 2017
2nd Circuit , New York , New York Southern District ,
New York offers a chapter 15 home for foreign companies hoping to avoid liquidation.
Receivership May Not Preclude a Board’s Ability to File Bankruptcy
September 11, 2017
3rd Circuit , Pennsylvania , Pennsylvania Western District ,
A receiver who is not ‘disinterested’ can justify putting a company in bankruptcy.
PROMESA Didn’t Enjoin Damages Suit Against Puerto Rico Government Official
September 8, 2017
1st Circuit , Puerto Rico ,
Courts are reluctant to employ PROMESA as a shield against suits involving government administration.
Third Party Liability for Debtor’s Counsel Fees Precludes a Charging Lien
August 30, 2017
2nd Circuit , New York , New York Southern District ,
Third party liability for attorneys’ fees can leave debtor’s counsel in a worse position following nonpayment.

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