Tribune Creditors Seek Reconsideration on Implied Preemption by the ‘Safe Harbor’
Following a suggestion made by two Supreme Court justices, Tribune creditors ask the Second Circuit to recall the mandate and remand for reconsideration in district court.
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Supreme Court’s Second ‘Safe Harbor’ Case Is in Limbo
Two justices recommend that the Second Circuit reconsider the ‘Tribune’ safe harbor decision in light of Merit Management.
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Supreme Court Says Insider Status Is Reviewed for Clear Error Under Existing Test
Some justices are critical of the existing test for ruling on non-statutory insider status.
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Supreme Court Narrowly Interprets the Safe Harbor, Overrules the Majority of Circuits
Intermediate transfers to financial institutions do not trigger the safe harbor.
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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.
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Supreme Court Grants Certiorari in a Third Bankruptcy Case This Term
High court to decide whether a false oral statement about one asset results in nondischargeability.
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Update: The Justices May Hear Another Bankruptcy Case, but Not Sunnyslope
Odds have risen that the high court will decide whether an oral statement about one asset is a statement of ‘financial condition’ that must be in writing.
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Misrepresenting One Asset Is More Dangerous than Misrepresenting All Assets
Boasting about ‘strong financial condition’ must be in writing for the debt to be nondischargeable, Fifth Circuit says.
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Odds Rise for a Supreme Court Ruling on Valuation Standard for Chapter 11 Cramdown
Professors and former judges urge Supreme Court to review Sunnyslope.
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Supreme Court Won’t Decide a Circuit Split on Garnished Wages as Preferences
Fifth Circuit held that wages garnished within 90 days of bankruptcy are preferences.
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