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Supreme Court Update
Merit Management Group v. FTI Consulting (16-784), U.S. Bank N.A. v. Village at Lakeridge (15-1509), Texas v. New Mexico (141, Orig.)
By Kim Rinehart, Tadhg Dooley, David R. Roth
We're back with the last of our catch-up series on the decisions announced during the Court's February sitting. Lucky for us, if you're reading this in the Northeast, it won't…
Bankruptcy & Restructuring Law
Is Jevic Hauling a Surprise for 363 Sales that Include Priority-Skipping Distributions?
Prior to the United States Supreme Court’s decision in Czyewski v. Jevic Holding Corp., 137 S.Ct. 973, 197 L.Ed.2d 398 (2017), one way to reshuffle the deck chairs on the…
Consumer Finance Monitor
Education Dept. seeks comment on factors used to evaluate student loan discharge claims in bankruptcy cases
The Department of Education has published a request for information in today's Federal Register seeking comment on the factors used to evaluate claims of undue hardship made by student loan…
Delaware Bankruptcy Update
Only the Financially Distressed May File for Bankruptcy
On February 13, 2018, Judge Silverstein of the Delaware Bankruptcy Court granted a motion to dismiss the Rent-A-Wreck of America bankruptcy case (Bankr. D. Del. case 17-11592). Judge Silverstein's opinion is…
South Florida Trial Practice
Stay Violation? Beware of Escalating Attorneys’ Fees
By Heather Ries
In the case of Mantiply v. Horne (In re Horne), 876 F.3d 1076 (11th Cir. 2017) the Eleventh Circuit decided an issue of first impression in the Circuit: Whether the…
Bankruptcy Report
Supreme Court to Tackle Fraud Exception in Lamar, Archer & Cofrin, LLP v. Appling
By Dustin Smith
On January 12, 2018, the U.S. Supreme Court granted certiorari over the Eleventh Circuit’s decision in R. Scott Appling v. Lamar, Archer & Cofrin, LLP, which held that a fraudulent…
Delaware Bankruptcy Update
Preference Actions filed in Hancock Fabrics
On January 31, 2018, Hancock Fabrics Inc., the post-effective date debtor, filed approximately 68 complaints seeking the avoidance and recovery of allegedly preferential and/or fraudulent transfers under Sections 547, 548…
In Solvency
Preference Actions filed in Hancock Fabrics
On January 31, 2018, Hancock Fabrics Inc., the post-effective date debtor, filed approximately 68 complaints seeking the avoidance and recovery of allegedly preferential and/or fraudulent transfers under Sections 547, 548…
Bankruptcy Report
Endangered Species: Seventh Circuit Finds that Forex and Spot Metal Contracts are Not Entitled to Customer Protection in FCM Liquidations
By Dustin Smith
In its recent decision in In re Peregrine Financial Group, the Seventh Circuit became the first circuit to accept a definition of “customer property” which excludes retail foreign exchange contracts,…
Credit Chronometer
Student Loans in 2018: Debt Relief Discussions Will Become De Rigueur
2018 may be the beginning of the end of an education finance system that has resulted in overburdened students and families struggling to pay back loans that were too high…