In Whirlpool Corp. v. Wells Fargo Bank (In re hhgregg Inc.), Case No. 18-3363 (7th Cir. Feb. 11, 2020), the Seventh Circuit held that a trade creditor’s later-in-time reclamation claim was subordinate to lenders’ pre-petition...more
2/24/2020
/ Adversary Proceedings ,
Appeals ,
Bankruptcy Code ,
BAPCPA ,
Chapter 11 ,
Commercial Bankruptcy ,
Federal Priority Act ,
Financing ,
Lien Priority ,
Priority Debt ,
Secured Debt ,
Wells Fargo
In Jones v. Brand Law Firm, P.A. (In re Belmonte), Case No. 18-2098-bk (2d Cir. July 25, 2019), the Second Circuit affirmed both the bankruptcy court and district court decisions that found the Trustee was not barred by 11...more
8/28/2019
/ Adversary Proceedings ,
Appeals ,
Avoidance ,
Bankruptcy Code ,
Consumer Bankruptcy ,
Criminal Prosecution ,
Fraudulent Transfers ,
Liens ,
Mortgage Lenders ,
Mortgages ,
Trustees
The Fifth Circuit in Nustar Energy Services, Inc. v. M/V Cosco Auckland, Case No. 17-20246 (5th Cir. Jan. 14, 2019), recently held that a subcontractor creditor lacked constitutional standing to appeal a lower court’s ruling...more
The Bottom Line -
The Fifth Circuit recently held in RPD Holdings, L.L.C. v. Tech Pharmacy Services (In re Provider Meds, L.L.C.), No. 17-1113 (5th Cir. Oct. 29, 2018), that a patent license that was not specifically...more
11/8/2018
/ Appeals ,
Asset Purchase Agreements ,
Asset Purchaser ,
Bankruptcy Code ,
Business Assets ,
Chapter 11 ,
Chapter 7 ,
Commercial Bankruptcy ,
Executory Contracts ,
IP License ,
License Agreements
We previously blogged (see blog dated February 20, 2018) about the First Circuit’s decision in Mission Product Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC), 879 F.3d 389 (1st Cir. 2018), affecting the rights of a...more
The Bottom Line -
Addressing an issue of first impression in the Eleventh Circuit, the Court in Mantiply v. Horne (In re Horne), 876 F.3d 1076 (11th Cir. 2017), recently held that section 362(k)(1) of the Bankruptcy Code...more