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341 results found

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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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Loeb & Loeb LLP | USA | 26 Oct 2018

Mission Product Holdings, Inc. v. Tempnology, LLC n/k/a Old Cold LLC

The U.S. Supreme Court has agreed to hear a case that could settle a decades-old debate surrounding the fate of trademark licenses in bankruptcy. The…
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Weil Gotshal & Manges LLP | USA | 30 Jul 2018

A Check is Transferred When It’s Honored, Not Delivered

Readers familiar with contract law undoubtedly know the “mailbox rule,” that an offer is accepted the moment a document goes in the mail. The United…
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