Rochelle's Daily Wire

ABI Exclusive

business Cases

Cramdown Value Is Not the Higher of Foreclosure or Replacement Value, Ninth Circuit Holds
May 30, 2017
9th Circuit ,
En banc, the Ninth Circuit reverses a panel opinion from last year on cramdown valuation.
Shareholder Can’t Recover Costs on Dismissal of Involuntary Against a Corporation
May 25, 2017
With a proper finding, a shareholder might recover costs on dismissal of an involuntary.
Diligence by Itself Won’t Justify Invocation of Equitable Tolling
May 23, 2017
5th Circuit , Texas , Texas Southern District ,
Houston judge doesn’t excuse delay in identifying John Doe defendants.
Narrow Arbitration Clause Loses the Presumption of Arbitrability
May 22, 2017
3rd Circuit , Delaware ,
Bankruptcy judge to interpret the contract before arbitrators calculate the result.
Sale of a Nonoperating Hospital Doesn’t Require State Approval
May 18, 2017
9th Circuit , California , California Central District ,
Attorney General’s oversight was avoided by shutting down a nonprofit hospital.
Second Circuit Describes When Claims Based on Securities Are Subordinated
May 11, 2017
2nd Circuit ,
Lehman workers barred from making claims based on worthless stock awards.
Circuit Says a Perfected Assignment of Rents Takes Property Out of the Estate
May 3, 2017
6th Circuit ,
Michigan law enables a lender to short circuit an attempted reorganization.
Treatment of Equally Ranked Undersecured Creditors Is Ready for Appeal in Delaware
May 2, 2017
3rd Circuit , Delaware ,
Judge Sontchi sticks by his 2016 decision in the Energy Future reorganization.
Jevic Applied to Ordinary Settlements in the Midst of a Chapter 11 Case
May 1, 2017
6th Circuit , Tennessee , Tennessee Eastern District ,
Tennessee judge says Jevic tightened rules for approval of settlements.
Supreme Court to Decide Whether Using a ‘Mere Conduit’ Invokes the 546(e) ‘Safe Harbor’
May 1, 2017
Supreme Court ,
Justices to rule on a narrow issue regarding the ‘safe harbor’ and leveraged buyouts.

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