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Fifth Circuit Affirms Dismissal of Bankruptcy Case Due to Lack of Corporate Authority to File (and provides a blueprint for veto powers over bankruptcy filings?)

USA - August 1 2018 On June 14, 2018, the United States Court of Appeals for the Fifth Circuit issued a revised opinion that held that Federal law does not prevent a bona…

Clear Error They Say! Supreme Court Opines On Standard Of Review For Determining Non-Statutory Insider Status

USA - March 18 2018 Last April, we updated you that the Supreme Court had granted review of In re The Village at Lakeridge, LLC, 814 F.3d 993 (9th Cir. 2016). Our most…

Supreme Court Grants Cert on, of all Things, the Standard of Review for Determining Non-Statutory Insider Status

USA - April 26 2017 Last December, we updated you that the Supreme Court was considering whether to grant review of In re The Village at Lakeridge, LLC, 814 F.3d 993…

Tenth Circuit Joins Missouri River to Divide Kansas City Over What Constitutes A Stay Violation

USA - March 22 2017 On February 27, 2017, the United States Court of Appeals for the Tenth Circuit joined a minority approach followed by District of Columbia Circuit:…

Supreme Court Weighs Granting Cert on Bankruptcy Issues Involving Surcharge and Voting Rights of Assignee of Insider Claim

USA - December 5 2016 The Supreme Court is considering whether to grant review of two bankruptcy cases. On October 3, 2016, the Supreme Court invited the Solicitor General…