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Rochelle's Daily Wire | ABI Exclusive

business Cases

Reading Stern Narrowly, Delaware Judge to Issue Final Order in Fraudulent Transfer Suit
March 15, 2019
3rd Circuit , Delaware ,
Judge Sontchi declines to rule that 28 U.S.C. § 157 is unconstitutional by denominating fraudulent transfer suits as ‘core’ proceedings.
Adversary Proceeding to Enjoin FERC Remains in Bankruptcy Court
March 14, 2019
9th Circuit , California , California Northern District ,
District judge won’t withdraw the reference when PG&E rejects power purchase agreements.
Trustee Gloms Proceeds of an Unperfected Consignment, Not Just the Goods
March 13, 2019
9th Circuit ,
Ninth Circuit interprets UCC § 9-319(a) to permit avoidance of consignor’s interest in proceeds of an unperfected consignment.
District Judge Finds No Loopholes in Ninth Circuit Aversion to Third-Party Releases
March 12, 2019
9th Circuit , Washington , Washington Western District ,
Free-and-clear sale won’t evade the Ninth Circuit’s rule against third-party, non-debtor releases.
A Pension Withdrawal Claim Arises Before Withdrawal Occurs, Manhattan Judge Says
March 11, 2019
2nd Circuit , New York , New York Southern District ,
Bankruptcy Judge Wiles politely says that the Sixth Circuit reached the correct result for the wrong reason.
Statute of Limitations Wasn’t Tolled During Bankruptcy, Sixth Circuit Rules
March 8, 2019
6th Circuit ,
Sanctions weren’t justified for attempting to collect a time-barred tax claim.
Seventh Circuit Rules that Section 363(m) Doesn’t Render Appeals Moot
March 5, 2019
7th Circuit ,
Seventh Circuit overrules two precedents holding that Section 363(m) renders appeals moot.
Chapter 15 Recognition Not Required to Enforce a Foreign Reorganization in the U.S.
March 4, 2019
2nd Circuit , New York , New York Southern District ,
Non-debtor, third-party release enforced along with granting international comity.
Creating a Split, Sixth Circuit Holds: No Waiver of Immunity for Indian Tribes
March 1, 2019
6th Circuit ,
A divided panel of the Sixth Circuit holds that Section 106 does not waive sovereign immunity for Indian tribes.
Second Circuit Allows Extraterritorial Application of Sections 548 and 550
February 27, 2019
2nd Circuit ,
Neither comity nor the presumption against extraterritorial application of U.S. statutes bars trustees from suing to recover subsequent transfers made abroad.

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