Rochelle's Daily Wire

ABI Exclusive

business Cases

Violating the Automatic Stay Isn’t Contempt Without Intent
August 17, 2016
2nd Circuit , New York , New York Eastern District ,
Intentional tort concepts imposed on proceedings for contempt of the automatic stay.
Gift Cards Denied Priority Status in Delaware, Contravening Prior Delaware Decision
August 15, 2016
3rd Circuit , Delaware ,
Delaware’s Judge Kevin Gross declines to follow prior decision by visiting judge.
Courts Split on Per-Plan or Per-Debtor Acceptance for Cramdown Confirmation
August 10, 2016
9th Circuit , Arizona ,
Section 1111(b) election does not require a due-on-sale clause in a restructured mortgage.
Preference May Be Offset by an Unpaid Administrative Claim, Judge Carey Rules
August 4, 2016
3rd Circuit , Delaware ,
Automatic disallowance under Section 502(d) held not applicable to administrative claims.
Section 303(a) Precludes Substantive Consolidation Among Religious Institutions
August 2, 2016
8th Circuit , Minnesota ,
Pleading hierarchical control is insufficient for substantive consolidation.
Third Circuit Precludes WARN Act Liability for Acquirers in Typical LBOs
August 1, 2016
3rd Circuit ,
Common ownership and management aren’t enough to prove ‘single employer’ liability.
New York District Judge Lays Down Lenient Standard for Imputing Fraudulent Intent
August 1, 2016
2nd Circuit , New York , New York Southern District ,
Former Bankruptcy Judge Gerber reversed in Lyondell for being too strict, then for being too lenient.
Circuits Split on Invoking Safe Harbor Whenever a Bank Serves as Conduit
July 29, 2016
7th Circuit ,
Seventh Circuit won’t immunize an LBO from fraudulent transfer just by using a bank conduit.
California Supreme Court Will Finally Rule on ‘Unfinished Business’ Doctrine
July 29, 2016
9th Circuit ,
Ninth Circuit certifies question that has bedeviled lawyers leaving failing firms.
Forward Contract Merchant Waived Ipso Facto Right to Terminate
July 26, 2016
5th Circuit , Louisiana , Louisiana Western District ,
Judge avoids tough decision on who is a ‘forward contract merchant.’

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