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SCOTUS: Prospective Relief Is Only Remedy Necessary to Resolve Unconstitutional U.S. Trustee Fee Scheme Image

SCOTUS: Prospective Relief Is Only Remedy Necessary to Resolve Unconstitutional U.S. Trustee Fee Scheme

Francis J. Lawall & Tori L. Remington

In a recent decision, the U.S. Supreme Court held that the government was not required to refund millions of dollars paid by a Chapter 11 debtor pursuant to an unconstitutional fee scheme between the judicial districts.

Features

Fifth Circuit Agrees With 'Cleary': Corporate Debtors Are Subject to Section 523(a) In Subchapter V Case Image

Fifth Circuit Agrees With 'Cleary': Corporate Debtors Are Subject to Section 523(a) In Subchapter V Case

Jeffrey M. Rosenthal, Vincent J. Roldan & Joshua S. Bauchner

Armed with two circuit-level decisions, creditors who lose at the bankruptcy court level may feel encouraged to appeal. As of now, no court in the Second Circuit has addressed the issue and it remains to be seen how other courts will react.

Columns & Departments

Landlord & Tenant Law

New York Real Estate Law Reporter Staff

Notice Sufficient In Action to Eject Occupant Lease's Taking Clause Excuses Tenant from Payment of Rent<br Village's ETPA Resolution Upheld Landlord's Delay In Providing Itemized Statement Precludes Landlord from Retaining Any Portion of Security Deposit Assignee Liable for Breach of Lease Constructive Eviction and Warranty of Habitability Defenses Rejected

Features

Idaho District Court Imposes First-Ever Bond Order Under the State's Bad Faith Assertions of Patent Infringement Act Image

Idaho District Court Imposes First-Ever Bond Order Under the State's Bad Faith Assertions of Patent Infringement Act

Catherine Nyarady & Crystal Parker

The Act is intended to guard against patent trolling and creates a private cause of action for those targeted by bad faith infringement assertions and contemplates two types of relief: remedies and a bond requirement.

Columns & Departments

Real Property Law

New York Real Estate Law Reporter Staff

Tenants In Common Failed to Establish Claim of Right Element of Adverse Possession Claim Questions of Fact About Adverse Possession Claim

Features

Do Post-Bankruptcy Petition Lease Claims Automatically Result In An Administrative Expense Claim for Unpaid Rent? Image

Do Post-Bankruptcy Petition Lease Claims Automatically Result In An Administrative Expense Claim for Unpaid Rent?

Andrew C. Kassner & Joseph N. Argentina Jr.

In In re Jughandle Brewing, a NJ Bankruptcy Court concluded allowance of an administrative expense claim is not automatic and also may not be the sole remedy for a debtor or trustee's failure to perform its post-petition obligations under a commercial lease.

Columns & Departments

Fresh Filings

Entertainment Law & Finance Staff

Notable recent court filings in entertainment law.

Columns & Departments

Development

New York Real Estate Law Reporter Staff

Challenge to Site Plan Approval Dismissed for Failure to Exhaust Administrative Remedies Area Variance Upheld

Columns & Departments

IP News

Howard Shire & Justin Tilghman

Are Affiliates Liable for Monetary Relief When They Are Not Named Parties to a Case?

Features

Heavy Uptick In Ch. 11 Cases Leads Surge In Bankruptcy Filings In First Half of 2024 Image

Heavy Uptick In Ch. 11 Cases Leads Surge In Bankruptcy Filings In First Half of 2024

Sulaiman Abdur-Rahman

Consumer and commercial bankruptcy filings have surged in the first six months of 2024 compared with the same period in 2023, a study said.

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