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Will the Acceptance of the Appeal in Purdue Pharma by the U.S. Supreme Court Affect Johnson & Johnson?

Now that the United States Supreme Court has agreed to expeditiously hear the U.S. Trustee’s appeal of the plan confirmation and settlement in Purdue Pharma, lawyers following the LTL Management LLC bankruptcy case, version...more

Time to Appeal Under Bankruptcy Rule 8002(a)(1): What the Right Hand Giveth, the Left Hand Taketh Away

Here’s an interesting read:  LaTasha Tennial v. REI Nation, LLC, No. 20-5358, — F.3d —-, 2020 WL 6304352 (6th Cir. Oct. 28, 2020). After a lengthy analysis of prior cases, all of which held that Bankruptcy Rule...more

Barton Doctrine Applies to Special Discovery Mediators in Bankruptcy Courts

In an unpublished opinion, Bander v. Isaacson, 2020 WL 1744539 (9th Cir. Apr. 8, 2020), the Court of Appeals for the Ninth Circuit addressed whether the Bankruptcy and District Courts had properly required potential litigants...more

The Fourteen-Day Time to Appeal Applies to Orders Enforcing the Automatic Stay

Today, the United States Supreme Court issued an opinion of interest to every debtor and creditor in a bankruptcy case as the decision involves the automatic stay.  The appeal involved a bankruptcy court’s order that enforced...more

Losing Your Right to Appeal Through Silence

The Court of Appeals for the Third Circuit (Ambro, J.) issued an opinion that may have consequences far beyond the circumstances involved in the case.  The underlying dispute was a breach of contract claim which the parties...more

Creating a Circuit Split Regarding the Fair Debt Collection Practices Act: Rotkiske v. Klemm, — F.3d —, 2018 WL 2209120 (3d Cir....

The United States Court of Appeals for the Third Circuit issued its opinion in Rotkiske v. Klemm, a unanimous, en banc decision yesterday that creates a clear split with the Fourth and Ninth Circuits. The Third Circuit ruled...more

Pre-Petition “New Value” Counts Toward the Preference Defense; Post-Petition “New Value” Does Not

In an opinion that is informative although not precedential, In re AE Liquidation, Inc., No. 17-1794 (May 4, 2018), the Court of Appeals for the Third Circuit considered both the ordinary course and the new value defenses to...more

No Monkeying Around with this Opinion – Naruto v. Slater, No. 16-15469, 2018 WL 1902414 (9th Cir. Apr. 23, 2018)

In case you are curious about the extent of animal rights under the law, take a look at this new decision in the Ninth Circuit, Naruto v. Slater, 2018 WL 1902414 (9th Cir. Apr. 23, 2018). Naruto, an Indonesian macaque, picked...more

A Homeowner’s Mortgage Insurance Obligation is Not Modified by a Mortgage Modification

Mortgage insurance can be an expensive proposition for homeowners at the same time that it provides assurance to lenders. Whether the term of paying insurance premiums can be extended as the result of a mortgage modification...more

The Last Screen

The United States Court of Appeals for the Second Circuit issued an opinion on October 30, 2015, that should be of interest to everyone who files pleadings electronically. In Luther Franklin v. John McHugh, Docket No....more

Growing Medical Marijuana, Problematic in Bankruptcy, and Out

Frank Arenas is licensed in Colorado to grow and dispense medical marijuana. He and his wife own a building, half of which is used for the cultivation and the other half of which is leased to a marijuana dispensary. These...more

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