The Earnout Provision: A Tool for Mitigation, or a Path to Litigation?
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Automatic Stay
Connecticut Judge Takes Sides in a Circuit Split on Trademark License Rejection
A ‘cert’ petition is in the works to resolve the circuit split from Lubrizol regarding the rejection of trademark licenses.
Court:
District Judges Starkly Disagree on the Scope of the PROMESA Automatic Stay
Can plaintiffs sue Puerto Rico government officials in their individual capacities? Two district judges disagree.
Court:
Puerto Rico’s District Courts Differ on the Automatic Stay Under PROMESA
Caselaw is evolving on the applicability of the automatic stay to ordinary litigation against Puerto Rico and its governmental officials.
Court:
Violation of Discharge Is Now Difficult to Prove in the Ninth Circuit
An unreasonable but good faith, subjective belief that there is no injunction bars a finding of contempt in the Ninth Circuit.
Court:
Chicago Wins One Round in Battle over Parking Tickets
The battle continues in Chicago over using chapter 13 to beat parking tickets.
Federal and State Oversight of SNFs: What Happens at the Point of Enforcement?
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May 2018 Benchnotes
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Court May Depart from the Code When the Debtor Consents and No One Objects
Unique facts were again the basis for a result seemingly at odds with the statute.
Flip Clauses in Swaps Held Enforceable by District Judge in New York
For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.