Searching Content indexed under Insolvency/Bankruptcy by Holland & Knight ordered by Published Date Descending.
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President Signs HAVEN Act To Assist Veterans In Bankruptcy Matters
President Donald Trump on Aug. 23, 2019, signed the Honoring American Veterans in Extreme Need Act of 2019 (HAVEN Act) into law.
United States
28 Aug 2019
Mission (Products) Accomplished: Trademark License Not Rescinded Upon Rejection In Bankruptcy
In Mission Product Holdings Inc. v. Tempnology LLC, the U.S. Supreme Court holds that rejection through U.S. Bankruptcy Code Section 365 does not terminate a trademark licensee's right
United States
7 Jun 2019
Recent Ruling Against Puerto Rico Revenue Bondholders Causes Waves In U.S.
The U.S. Court of Appeals for the First Circuit has affirmed a controversial ruling regarding the treatment of municipal revenue debt.
United States
26 Apr 2019
FERC Asserts Its Authority To Review Rejection Of Wholesale Power Agreements Days Before PG&E Files Bankruptcy
On Jan. 25, 2019 the FERC issued an order asserting its concurrent authority to approve proposed rejection of wholesale power purchase agreements under the Bankruptcy Code.
United States
1 Feb 2019
Congress Amends The U.S. Shipping Act, Broadening FMC Regulatory Authority
President Donald Trump, with bipartisan support, signed into law the Federal Maritime Commission Authorization Act of 2017 (the Act) on Dec. 4, 2018, as part of the Frank LoBiondo Coast Guard Authorization Act of 2018 (S. 140).
United States
10 Dec 2018
Eleventh Circuit Issues Opinion On New Value Defense To A Preference Claim
The U.S. Court of Appeals for the Eleventh Circuit recently issued an opinion in William S. Kaye, Trustee of the BFW Liquidating Trust v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC), Case No. 17-13588, addressing the subsequent new value defense to a preferential transfer under Section 547(c)(4) of the U.S. Bankruptcy Code.
United States
29 Aug 2018
Recent Ninth Circuit Decision Elevates Maritime Law Principles Over Bankruptcy Law
In a case decided on March 28, 2018, the Ninth Circuit Court of Appeals held that a maritime lien on a vessel for the "maintenance and cure" ...
United States
4 Jul 2018
Supreme Court Clarifies Securities Safe Harbor Under Bankruptcy Code
In a 9-0 decision, the U.S. Supreme Court determined on Feb. 27, 2018, that the relevant transfer for purposes of the Section 546(e) safe harbor inquiry is the transfer that is sought to be avoided...
United States
9 Mar 2018
Supreme Court Limits Use Of Structured Dismissals Of Chapter 11 Cases
In a 6-2 decision, the U.S. Supreme Court ruled in favor of the petitioners in Czyzewski, et al. v. Jevic Holding Corp, et al., reversing the decision of the U.S. Court of Appeals for the Third Circuit.
United States
13 Apr 2017
Courts Continue Trend Of Recognizing Tribal Immunity In Bankruptcy Proceedings
Judge Christopher S. Sontchi of the U.S. Bankruptcy Court for the District of Delaware issued a decision on Feb. 28, 2017, that has important – and positive – significance for Native American tribal governments...
United States
31 Mar 2017
West Coast Real Estate Update: November 22, 2016
The single-purpose entity (SPE) has become a ubiquitous tool in commercial real estate acquisitions and financing in California.
United States
25 Nov 2016
The Trend Reverses: College Tuition Payments Shielded From Avoidance In Bankruptcy
Bankruptcy Court Rules in Favor of University in Trustee's Suit to Recover Tuition Payments, Then Certifies Trustee's Appeal to First Circuit.
United States
6 Sep 2016
Supreme Court Reverses Fifth Circuit's Interpretation Of "Actual Fraud"
In a resounding 7-1 decision, the U.S. Supreme Court ruled in favor of the petitioner in Husky Int'l Electronics, Inc. v. Ritz, reversing the decision of the U.S. Court of Appeals for the Fifth Circuit.
United States
5 Jul 2016
Tribal Immunity Protects The Navajo Times Against Bankruptcy Strong Arm Action
A New Jersey Bankruptcy Court holds that, unless waived, the Bankruptcy Code does not abrogate sovereign immunity for Indian Tribes because Congress must make clear and unequivocal its intent to abrogate an Indian Nation's immunity.
United States
23 May 2016
Midstream Gathering Agreements Rejected In Sabine Oil & Gas Bankruptcy
The Bankruptcy Court for the Southern District of New York determined on March 8, 2016, that midstream gathering agreements are subject to rejection as executory contracts, based on the debtor's business judgment...
United States
11 Mar 2016
Reversing The Trend: Will Congress Act To Except College Tuition Payments From Clawback In Bankruptcy?
A trend emerging in consumer bankruptcy cases around the U.S. is causing concern for many parents, students and undergraduate schools.
United States
22 Jul 2015
New Jersey Bankruptcy Court Decision Protects Rights Of Trademark Licensees
"Free and Clear" Sale of a Trademark or Intellectual Property License Under Section 363 Does Not Trump Rights of Third Party Licensees under Section 365.
United States
18 Nov 2014
Decisions Do Not Apply "Jewel Doctrine" To Departed Partners' Fees
Two recent court decisions in California and New York call into question the continued viability of the unfinished business theory (the so-called "Jewel" doctrine).
United States
2 Aug 2014
Recent Illinois Foreclosure Decisions Favor Lenders
Since 2008, lenders in Illinois have faced heightened scrutiny and a sharp rise in lender liability claims.
United States
2 May 2014
Lenders Must Comply With New Foreclosure Requirements In Illinois Courts
Mortgage lenders in Illinois are required to use the judicial process to obtain collateral and enter deficiency judgments against borrowers.
United States
8 Mar 2013
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