Benchnotes July 2018
Journal Issue:
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Automatic Stay
Terminating a Lease for Default Doesn’t Invoke the § 362(b)(10) Stay Exception
Lower courts are split on whether terminating a nonresidential lease for default means there is no automatic stay.
Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice
BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.
Court:
Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice
BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.
Court:
‘Cert’ Petition Wants Discharge Violations to Be Arbitrated
Petitioner contends the Second Circuit was wrong to bar arbitration in view of the Supreme Court’s decision in Epic Systems.
Court:
‘Cert’ Petition Asks Supreme Court to Overrule Lubrizol on Trademark Licenses
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?
Court:
Serial Bankruptcy Filings Can Result in a Conviction for Bankruptcy Fraud
Although the debtor only intended to halt eviction, the Seventh Circuit enhanced the sentence to reflect the claims of all creditors.
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Like the Second Circuit, Florida Judge Bars Arbitrating a Class Suit for Discharge Violations
Supreme Court’s subsequent Epic decision casts doubt on opinions overriding arbitration agreements in the bankruptcy context.
Puerto Rico Judge Has a Third Answer to the PROMESA Automatic Stay Question
On tough automatic stay cases, let the PROMESA judge decide.
Court:
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.
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