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June 18, 2018

Courts are split on the interpretation of BAPCPA’s treatment of automatically rejected leases in chapter 7.

June 15, 2018

Notions of equity go out the window when the issue is maritime liens.
Fraudulent intent can’t be inferred from failure to disclose assets that became worthless before bankruptcy, Tenth Circuit says.
BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.

June 14, 2018

Petitioner contends the Second Circuit was wrong to bar arbitration in view of the Supreme Court’s decision in Epic Systems.
What did Congress mean in Sections 365(n) and 101(35A)? Is the right to use a trademark terminated when a trademark license is rejected?

June 13, 2018

BAP equates discovery powers of bankruptcy courts with district courts and federal agencies.

June 12, 2018

Seven weeks apart, two circuits reach diametrically different conclusions about good faith as a defense to an intentional act that violates the discharge injunction.

June 11, 2018

Although the debtor only intended to halt eviction, the Seventh Circuit enhanced the sentence to reflect the claims of all creditors.
A waiver in a KERP is enforceable even if it violates state labor law, Judge Carey rules.