Benchnotes April 2018
Journal Issue:
A Trademark License Rejection Case May End Up in the Supreme Court
A case on the ability of state law to take property out of the estate after filing may not go to the Supreme Court.
Court:
Charming Charlie to Put Reorganization Plan to Creditor Vote
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Walter Investment Emerges from Chapter 11
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Rejecting a Contract Precludes a Suit for Post-Petition Breach
Opinion ostensibly leaves a debtor without recourse for a supplier’s post-petition breach occurring before rejection.
Court:
Ninth Circuit Holds that One Accepting Class in Joint Plan Is Sufficient
A secured creditor making the 1111(b) election is not automatically entitled to a due-on-sale clause paying the claim in full if the property is sold after confirmation.
Court:
Ok to Bifurcate the Lien on an Auto Used by the Debtor’s Non-Filing Partner
Congress created a loophole in the hanging paragraph in Section 1325(a).
Colorado Judge Differs with Two Circuits on Chapter 13 Payments Beyond Five Years
Courts are also split on whether a five-year plan begins on confirmation or on the first chapter 13 plan payment.
Court: