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Maurice Wutscher LLP | USA | 6 Jun 2023
8th Cir. BAP Holds Modification of BK Plan Requires At Least ‘Substantial Change in Circumstances’
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit recently held that, at a minimum, a substantial change in circumstances is required to…
Fredrikson & Byron PA | USA | 9 Feb 2022
A Critical Election: BAP or District Court?
In the First, Sixth (in some districts within the circuit), Eighth, Ninth and Tenth Circuits an appeal from a bankruptcy court order may go either to…
Cullen and Dykman LLP | USA | 9 Feb 2021
“Excusable Neglect”: When Missing a Deadline May Not Be Fatal
The imperative "justice, justice shall you pursue" is nowhere better illustrated than in the application of deadlines to perform an act, including…
Duane Morris LLP | USA | 1 Oct 2020
10th Circ. BAP Joins Majority in Finding Section 523(a)(6) Requires Injury to Be Willful and Malicious
In In re Smith, (B.A.P. 10th Cir., Aug. 18, 2020), the U.S. Bankruptcy Appellate Panel for the U.S. Court of Appeals for the Tenth Circuit recently…
Maurice Wutscher LLP | USA | 20 Mar 2019
6th Cir. Rules Ohio Amendment on Defective Mortgage Executions Did Not Bar Bankruptcy Trustee’s Avoidance Action
The U.S. Court of Appeals for the Sixth Circuit held that a recent change to Ohio law involving notice of a defective lien had no bearing on a…
Maurice Wutscher LLP | USA | 15 Feb 2019
8th Cir. Holds State Court Judgment Did Not Preclude Bankruptcy Court from Enforcing Its Own Orders
The U.S. Court of Appeals for the Eighth Circuit recently affirmed a trial court judgment holding a bank and its principal in contempt and…
Cooley LLP | USA | 13 Feb 2019
Rejection Time: On February 20th The Supreme Court Hears Oral Argument On The Big Question In The Tempnology Case — Does A Trademark Licensee Lose Its Rights Upon Rejection?
What is the effect of rejection of a trademark license by a debtor-licensor? Over the past few years, this blog has followed the…
Maurice Wutscher LLP | USA | 15 Jan 2019
Ohio Supreme Court Holds Mortgagee May Use Parole Evidence to Show Intent of Mortgagor
The Supreme Court of Ohio recently held that a mortgagee may enforce a mortgage against a mortgagor who signed, initialed, and acknowledged the…
FisherBroyles LLP | USA | 3 Dec 2018
Ninth Circuit BAP Denies Retroactive Approval of Postpetition Financing
Section 364(a) of the Bankruptcy Code allows a debtor to incur unsecured debt, like trade debt, in the ordinary course of business. Section 364(b) of…
Weil Gotshal & Manges LLP | USA | 5 Nov 2018
Fugitive’s French Funds Left Fraught: Ninth Circuit BAP Authorizes Compelled Consent Directives
When Michael Mastro fled to France to avoid turning over assets in an involuntary bankruptcy case filed against him, the chapter 7 trustee appointed…
