A defendant creditor in a preference suit may offset 1) the amount of later “new value” it sold to the Chapter 11 debtor against 2) the debtor's earlier preferential payment to the creditor, the U.S. Court of Appeals for the Eleventh Circuit recently held.
- October 01, 2018Michael L. Cook
Store closing or liquidation sales are a routine part of Chapter 11 cases involving retail debtors. These sales are consistently authorized by bankruptcy courts, despite lease provisions purporting to forbid them.
October 01, 2018David Kupetz and Asa HamiThe USPTO announced revisions to PTAB procedures that formalize Andrei Iancu's control over the 250 administrative patent judges and their policy-making, while making that control more transparent.
October 01, 2018Scott GrahamUtah Biodiesel Executives in $511 Million Fuel Tax Credit Scheme
October 01, 2018Colleen SnowPart Two of a Two-Part Article
The ability of a debtor to reject a restrictive covenant under Section 365 or to sell free and clear of a covenant under Section 363(f) is limited and the obstacles are difficult to surmount. A possible solution, however, may surface if a debtor can demonstrate a change of circumstances under state law.
October 01, 2018Daniel A. LevBOSTON Band Principal Scholz Loses Appeal in “Original” Member Billing Dispute Against Former BOSTON Guitarist Goudreau
Former Band Member's Counterclaims Against Commodores Are DismissedOctober 01, 2018Stan SoocherCity Not Estopped to Object to Nonconforming Building
Lawyer Advertising Billboards Not Treated As Onsite Advertisements
Town Not Obligated to Consider Zoning Amendment
East Harlem Rezoning UpheldOctober 01, 2018ssalkinFailure to Register Precludes Landlord from Collecting Otherwise Lawful Rent Increases
Unlawful Entry and Detained Proceeding Requires Proof of PossessionOctober 01, 2018ssalkinInsurance Lapse Deemed Not Curable
Uncertain Method for Determining Future Rent Dooms Renewal RightsOctober 01, 2018ssalkinFederal Circuit: IPR Petitioner Always Retains Burden of Establishing Timeliness
Federal Circuit: Framework for 'Overlapping Cases' Applies in IPROctober 01, 2018Howard Shire and Adam Fischer




