As previously discussed and anticipated in prior blog posts,[1] the United States Supreme Court’s decision in Siegel v. Fitzgerald, 596 U.S. 464, 142 S.Ct. 1770, 213 L.Ed.2d 39
Continue Reading The Circuit City Landmine Redux, the Final Word (Office of the United States Trustee v. John Q. Hammons Fall 2006, LLC): Supreme Court Holds that Chapter 11 Debtors Do Not Get a Refund on U.S. Trustee Quarterly Fees Under Unconstitutional Fee IncreaseNot all Forced-Sale Mortgage Foreclosures are Exempt from Avoidance as Fraudulent Transfers Under Section 548 – a Case Study Regarding Application of Supreme Court’s BFP Factors to State Tax Sale Statutes
The United States Supreme Court held in BFP v. Resolution Trust, that properties sold at “force-sale” mortgage foreclosure sales properly conducted pursuant to a state’s foreclosure statute are presumed
Continue Reading Not all Forced-Sale Mortgage Foreclosures are Exempt from Avoidance as Fraudulent Transfers Under Section 548 – a Case Study Regarding Application of Supreme Court’s BFP Factors to State Tax Sale Statutes
US Supreme Court Requests Solicitor General Input on Petition for Certiorari Related to Transfers Involving Financial Institutions
In proceedings arising out of the Tribune Company chapter 11 bankruptcy and a decision in which the United States Court of Appeals for the Second Circuit sustained the dismissal of
Continue Reading US Supreme Court Requests Solicitor General Input on Petition for Certiorari Related to Transfers Involving Financial Institutions
U.S. Supreme Court Confirms That Stay Relief Orders Must Be Appealed Right Away
Earlier this week, the United States Supreme Court issued an opinion regarding appeals of orders denying relief from the automatic stay. Generally, the automatic stay (section 362 of the Bankruptcy
Continue Reading U.S. Supreme Court Confirms That Stay Relief Orders Must Be Appealed Right Away
Supreme Court Opinion: Bankruptcies Do Not Revoke TM Licenses
This article is written by Elizabeth A. Patton and originally appeared on the Fox Advertising Law blog, https://advertisinglaw.foxrothschild.com
This week, the U.S. Supreme Court issued a decision in the Product
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How Bankruptcy Effects Rights Under Trademark Licenses
When a trademark licensor files for bankruptcy, can the licensees of their trademarks continue using those marks, or does the licensor have the right to prohibit their continued use? On
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U.S. Supreme Court finds Debt obtained by False Promises to Pay, Dischargeable
Samuel Goodstein writes:
The U.S. Supreme Court resolved a dispute about whether debts obtained by false promises to pay (or fraud) can be discharged in bankruptcy.
On June 4, 2018,
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The Safe Harbor Provision of the Bankruptcy Code Redefined
The United States Supreme Court recently issued a ruling in which it held that the Bankruptcy Code’s safe harbor provision § 546(e) does not prevent a trustee from clawing back
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Supreme Court’s Recent Ruling in Lakeridge Provides Little Guidance on Evaluating Creditors as Non-Statutory Insiders
On March 5, 2018, the Supreme Court issued an opinion in U.S. Bank Nat’l Ass’n v. Village at Lakeridge, LLC, which addressed a single question: Whether the Ninth Circuit
Continue Reading Supreme Court’s Recent Ruling in Lakeridge Provides Little Guidance on Evaluating Creditors as Non-Statutory Insiders
U.S. Supreme Court Rules ‘Actual Fraud’ Exception to Discharge Includes Fraudulent Transfer Schemes
In an Alert published on Wednesday, Audrey Noll examines the U.S. Supreme Court’s recent ruling in Husky Int’l Elecs.,
Continue Reading U.S. Supreme Court Rules ‘Actual Fraud’ Exception to Discharge Includes Fraudulent Transfer Schemes