United States: Third Circuit Reiterates Narrow Application Of Equitable Mootness Doctrine - Cadwalader, Wickersham & Taft LLP

The United States Court of Appeals for the Third Circuit recently reiterated its position that the doctrine of equitable mootness should only apply if granting relief on appeal would undermine a consummated bankruptcy plan.

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United States: Stern v. Marshall Update – Ninth Circuit Holds That Bankruptcy Courts Lack Constitutional Authority To Finally Determine Fraudulent Transfer Claims Against Non-Claimants - Cadwalader, Wickersham & Taft LLP

On December 4, 2012, the United States Court of Appeals for the Ninth Circuit added to the growing body of case law delineating the extent of bankruptcy courts’ jurisdiction in the wake the Supreme Court’s decision in Stern v. Marshall.

appeals authorities bankruptcy cadwalader circuit court decision jurisdiction llp marshall ninth non-claimants states stern supreme taft united update wickersham

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United States: Eighth Circuit Rules That A "Perpetual" Trademark Licensing Agreement Is An "Executory" Contract Subject To Rejection Under Bankruptcy Code Section 365 - Cadwalader, Wickersham & Taft LLP

The United States Court of Appeals for the Eighth Circuit recently ruled that a perpetual, royalty-free, and exclusive trademark licensing agreement qualified as an executory contract.

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United States: Fifth Circuit Finds That An Electricity Requirements Contract Is A "Forward Contract" Exempt From Bankruptcy Code’s Avoidance Powers - Cadwalader, Wickersham & Taft LLP

On August 2, 2012, the United States Court of Appeals for the Fifth Circuit held that a requirements contract for electricity is a forward contract for purposes of section 546(e) of the Bankruptcy Code and, therefore, settlement payments made under the contract are exempt from avoidance as preferences.

appeals avoidance bankruptcy cadwalader circuit code court electricity llp payments preference requirements section settlement states taft united wickersham

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United States: Fifth Circuit Holds That Fixed Quantities Are Not Required To Satisfy The "Forward Contracts" Safe Harbor Defense - Cadwalader, Wickersham & Taft LLP

The United States Court of Appeals for the Fifth Circuit held that a requirements contract for the supply of electricity constituted a "forward contract" under the Bankruptcy Code.

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United States: Second Circuit Adopts Abuse Of Discretion Standard Of Review For Equitable Mootness Decisions - Cadwalader, Wickersham & Taft LLP

On August 31, 2012, the United States Court of Appeals for the Second Circuit published its first decision expressly adopting an abuse of discretion standard for reviewing equitable mootness determinations by district courts.

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United States: Third Circuit Reiterates Narrow Application Of Equitable Mootness Doctrine - Cadwalader, Wickersham & Taft LLP

The United States Court of Appeals for the Third Circuit recently reiterated its position that the doctrine of equitable mootness should only apply if granting relief on appeal would undermine a consummated bankruptcy plan.

United States: Stern v. Marshall Update – Ninth Circuit Holds That Bankruptcy Courts Lack Constitutional Authority To Finally Determine Fraudulent Transfer Claims Against Non-Claimants - Cadwalader, Wickersham & Taft LLP

On December 4, 2012, the United States Court of Appeals for the Ninth Circuit added to the growing body of case law delineating the extent of bankruptcy courts’ jurisdiction in the wake the Supreme Court’s decision in Stern v. Marshall.

United States: Eighth Circuit Rules That A "Perpetual" Trademark Licensing Agreement Is An "Executory" Contract Subject To Rejection Under Bankruptcy Code Section 365 - Cadwalader, Wickersham & Taft LLP

The United States Court of Appeals for the Eighth Circuit recently ruled that a perpetual, royalty-free, and exclusive trademark licensing agreement qualified as an executory contract.

United States: Fifth Circuit Finds That An Electricity Requirements Contract Is A "Forward Contract" Exempt From Bankruptcy Code’s Avoidance Powers - Cadwalader, Wickersham & Taft LLP

United States: Fifth Circuit Holds That Fixed Quantities Are Not Required To Satisfy The "Forward Contracts" Safe Harbor Defense - Cadwalader, Wickersham & Taft LLP

The United States Court of Appeals for the Fifth Circuit held that a requirements contract for the supply of electricity constituted a "forward contract" under the Bankruptcy Code.

United States: Second Circuit Adopts Abuse Of Discretion Standard Of Review For Equitable Mootness Decisions - Cadwalader, Wickersham & Taft LLP

On August 31, 2012, the United States Court of Appeals for the Second Circuit published its first decision expressly adopting an abuse of discretion standard for reviewing equitable mootness determinations by district courts.

tibidy-business.com

Cross-read the freshest news on business and global market places.

United States: Third Circuit Reiterates Narrow Application Of Equitable Mootness Doctrine - Cadwalader, Wickersham & Taft LLP

The United States Court of Appeals for the Third Circuit recently reiterated its position that the doctrine of equitable mootness should only apply if granting relief on appeal would undermine a consummated bankruptcy plan.

United States: Stern v. Marshall Update – Ninth Circuit Holds That Bankruptcy Courts Lack Constitutional Authority To Finally Determine Fraudulent Transfer Claims Against Non-Claimants - Cadwalader, Wickersham & Taft LLP

On December 4, 2012, the United States Court of Appeals for the Ninth Circuit added to the growing body of case law delineating the extent of bankruptcy courts’ jurisdiction in the wake the Supreme Court’s decision in Stern v. Marshall.

United States: Eighth Circuit Rules That A "Perpetual" Trademark Licensing Agreement Is An "Executory" Contract Subject To Rejection Under Bankruptcy Code Section 365 - Cadwalader, Wickersham & Taft LLP

The United States Court of Appeals for the Eighth Circuit recently ruled that a perpetual, royalty-free, and exclusive trademark licensing agreement qualified as an executory contract.

United States: Fifth Circuit Finds That An Electricity Requirements Contract Is A "Forward Contract" Exempt From Bankruptcy Code’s Avoidance Powers - Cadwalader, Wickersham & Taft LLP

United States: Fifth Circuit Holds That Fixed Quantities Are Not Required To Satisfy The "Forward Contracts" Safe Harbor Defense - Cadwalader, Wickersham & Taft LLP

The United States Court of Appeals for the Fifth Circuit held that a requirements contract for the supply of electricity constituted a "forward contract" under the Bankruptcy Code.

United States: Second Circuit Adopts Abuse Of Discretion Standard Of Review For Equitable Mootness Decisions - Cadwalader, Wickersham & Taft LLP

On August 31, 2012, the United States Court of Appeals for the Second Circuit published its first decision expressly adopting an abuse of discretion standard for reviewing equitable mootness determinations by district courts.

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