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Second Circuit Holds Arbitration of Alleged Violation of Discharge Injunction Conflicts with Purposes of Bankruptcy Code

USA - June 29 2018 Recently, in Anderson v. Credit One Bank, N.A., the Second Circuit affirmed the denial of a credit card issuer's attempt to compel arbitration of a...

Kevin M Davis, Kevin C. Maclay.

There’s No Elephant in This Mousehole: The Supreme Court Upholds State Court Jurisdiction Over Class Actions Brought Under the Securities Act of 1933

USA - May 17 2018 On March 20, 2018, the Supreme Court issued a unanimous decision in Cyan, Inc. v. Beaver County Employees Retirement Fund, a case concerning the...

Caroline E. Parke, Kevin C. Maclay.

Is “Per Debtor” Better? Cases Analyzing Cramdown and Substantive Consolidation Reflect Ongoing Debate About Creditor Protections in Multi-Debtor Bankruptcies

USA - April 18 2018 Recent case law demonstrates that there is a current judicial disagreement over whether the Bankruptcy Code will permit a cramdown in a...

Caroline E. Parke, Kevin C. Maclay.

Supreme Court Alert: The Court Provides Additional Guidance on the Appropriate Level of Review of Determinations of Mixed Questions of Law and Fact by the Bankruptcy Court

USA - March 16 2018 On March 5, 2018, the Supreme Court issued a unanimous decision in U.S. Bank National Ass'n ex rel. CWCapital Asset Management LLC v. Village at...

Jeanna Rickards Koski, Kevin C. Maclay.

Narrower Harbors: Supreme Court Holds that 546(e) Securities Safe Harbor Does Not Protect Transfers in Which Financial Institution Is Only a Conduit

USA - March 15 2018 The Bankruptcy Code provides bankruptcy trustees, debtors, and creditor committees with "avoidance powers" that allow them to set aside and recover...

Kevin M Davis, Kevin C. Maclay.