Executory Contracts Are Automatically Rejected Even if Unscheduled, Fifth Circuit Holds
Fifth Circuit leaves the door open to preventing automatic rejection if the existence of an executory contract is intentionally undisclosed.
Section 108(c) Tolls the Expiration of a Lien, Ninth Circuit Holds over a Dissent
Expiration of a lien is tolled anytime the automatic stay precludes enforcement of a judgment.
Supreme Court Update: Two Bankruptcy Cases in the Running for ‘Cert’
Circuit splits over trademarks and the automatic stay are contenders for resolution in the Supreme Court.
Tenth Circuit Opinion Can Be the Springboard for a ‘Cert’ on the Automatic Stay
Circuit split is widening on whether inaction can be a violation of the automatic stay.
BAP Narrowly Reads Section 506(d) on Voiding Liens Following Claim Disallowance
A claim must be disallowed on the validity of the debt before the associated lien can be voided under Section 506(d), the Ninth Circuit BAP holds.