Congress’s Power to Ban Marijuana Challenged By Renowned Attorney David Boies In González v. Raich, the U.S. Supreme Court upheld Congress’s
Boies In González v. Raich, the U.S. Supreme Court upheld Congress’s authority to prohibit the local cultivation and use of marijuana.
First Circuit: Citizenship of Trustee Without Description of Nature of the Trust Is Insufficient to Establish Diversity Jurisdiction Emphasizing that
the Trust Is Insufficient to Establish Diversity Jurisdiction Emphasizing that special attention is warranted when invoking diversity jurisdiction...
First Circuit: Choice of Law Clause Requiring Agreement to Be Construed and Governed According to NY Law Does Not Bar Action Under Massachusetts
and Governed According to NY Law Does Not Bar Action Under Massachusetts Deceptive Business Practices Law In Kleiner v.
First Circuit Vacates Ruling Upholding RI Ban on Direct Delivery of Wine by Out-Of-State Retailers to RI Consumers A state law that discriminates
by Out-Of-State Retailers to RI Consumers A state law that discriminates against out-of-state goods or nonresidents would normally be struck down...
First Circuit: Absence of Exception to Maine’s COVID-19 Vaccine Mandate for Religious Reasons Raises Plausible Violation of Free Exercise Clause
for Religious Reasons Raises Plausible Violation of Free Exercise Clause The U.S. Court of Appeals for the First Circuit reversed a district court’s...
363 Sale Order Cannot Extinguish Statutory Obligation to Bargain With
Union Sales under 11 U.S.C. §363 have become increasingly popular because they allow a buyer to purchase assets free and clear of liens, claims.
Retroactive Approval of Ch 11 Professional Employment Still Permissible
After Acevedo-Feliciano A professional that wishes to be compensated for representing or assisting the trustee (including the debtor-in-possession)...
First Circuit Leaves Bankruptcy Court Orders Intact Despite Moot Appeal Ordinarily, when a civil case becomes moot pending appeal, the judgment below
Ordinarily, when a civil case becomes moot pending appeal, the judgment below is vacated and remanded with instructions to dismiss.
1^(st) Circuit BAP: Improperly Elected Board of Directors Could Not Authorize Bankruptcy Petition
Authorize Bankruptcy Petition The U.S. Bankruptcy Court for the District of Massachusetts did not clearly err in finding that the board of directors...
First Circuit BAP Upholds Disallowance of Claim Based on Settlement Agreement and Rejects Fraudulent Inducement
Agreement and Rejects Fraudulent Inducement The Bankruptcy Appellate Panel for the First Circuit upheld the disallowance of a claim filed by Bonni...
Post-Petition Voluntary Retirement Contributions Are Disposable Income
Under Chapter 13 According to a District Court Addressing the famous “hanging paragraph” incorporated into 11 U.S.C.
Lender’s Security Interest Did Not Attach to Settlement Proceeds Due to Absence of Specific Identification A security interest in substantially all
Absence of Specific Identification A security interest in substantially all of the debtor’s assets.
First Circuit Court of Appeals Upholds Denial of Discharge Based on Failure to Keep Records If you're considering filing for bankruptcy, make sure
Failure to Keep Records If you're considering filing for bankruptcy, make sure that you have financial records which allow for an adequate evaluation...
Judge Katz (Bankr. D. Mass): Estate’s Interest in Property Must Be Determined Prior to 363 Sale In prior posts, this firm discussed the reasons why
Determined Prior to 363 Sale In prior posts, this firm discussed the reasons why section 363 is a powerful tool in a reorganization or liquidation.
Debtor’s Failure to Explain Loss of Assets Leads to Denial of Discharge
Two debtors were denied a discharge under Section 727(a)(5) of the Bankruptcy Code after failing to satisfactorily explain the loss of $446,897.00...
First Circuit: Approval of Disclosure Statement Is Not Immediately Appealable
Appealable The First Circuit dismissed an appeal of the Title III court’s approval of the disclosure statement for PREPA's Plan of Adjustment.
SCOTUS: Post-Trial Rule 50 Motion Not Required to Preserve Legal Issues
Resolved at Summary Judgment In a unanimous opinion, the Supreme Court held that a post-trial motion under Rule 50 is not required to preserve...