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Supreme Court Holds That a Statement About a Single Asset Can Be a Statement Respecting a Debtor’s Financial Condition

USA - June 25 2018 The Supreme Court held that a statement about a single asset can be a “statement respecting the debtor’s financial condition” for purposes of…

Supreme Court Resolves Circuit Split Over Application of Section 546(e) to Transactions Involving Conduits

USA - May 31 2018 The Supreme Court’s recent decision in Merit Management Group, LP v. FTI Consulting, Inc., 138 S.Ct. 883 (2018), held that transfers made by or to…

Adam L. Fletcher

Supreme Court Resolves Circuit Split Over Application of Section 546(e) to Transactions Involving Conduits

USA - May 31 2018 The Supreme Court’s recent decision in Merit Mgmt. Group, LP v. FTI Consulting, Inc., 138 S.Ct. 883 (2018), held that transfers made by and to…

Adam L. Fletcher

Ninth Circuit Holds That Rule Allowing Curing Debtors to Avoid Contractual Post-Default Interest Is No Longer Valid

USA - February 14 2017 The Ninth Circuit recently ruled that a Chapter 11 debtor could not avoid the payment of default interest under a promissory note as a condition to…

Joseph M. Esmont

First Circuit Bankruptcy Appellate Panel Recognizes Rights of Trademark Licensees in Bankruptcy

USA - January 23 2017 The First Circuit Bankruptcy Appellate Panel recently issued a decision recognizing the rights of trademark licensees when the trademark’s owner…