The Eleventh Circuit had held that coal producers can sell assets and insulate the buyer from liability for paying retirees’ health benefits.
Idaho’s Judge Myers rules that an order directing specific performance is not a transfer and cannot be a preference.
Judge Montali accuses FERC of a power grab to take the bankruptcy court’s right to rule on the rejection of executory contracts.
Supreme Court gets around to overruling Lubrizol almost 35 years later.
Fifth Circuit rejects the ‘recodification canon’ to divest bankruptcy courts of jurisdiction over Social Security suits.
Congress may have intended to preclude ‘stay and pay,’ but it didn’t succeed.
District judge won’t withdraw the reference when PG&E rejects power purchase agreements.
Thirty-five years later, the Supreme Court might reverse Lubrizol.