(United States Supreme Court) – Held that a bankrupt company’s rejection of a trademark licensing agreement did not deprive its licensee of the rights to use the trademark. The U.S. Supreme Court interpreted Section 365 of the Bankruptcy Code, which enables a debtor to reject any executory contract, meaning a contract that neither party has finished performing. Justice Kagan delivered the opinion of the 8-1 Court.
(United States Fifth Circuit) – Held that a Chapter 13 debtor’s attorneys were not entitled to be reimbursed for advancing the costs of filing fees, credit counseling fees and credit report fees. Affirmed the bankruptcy court, in this case involving a federal judicial district’s "no-look fee" standing order.
(United States Fifth Circuit) – Reversed and remanded. Plaintiff received over-payment of Social Security disability payments and the SSA sought to recoup the over-payment. Plaintiff claimed that the SSA collected the over-payment before considering plaintiff’s waiver request. Plaintiff also filed for bankruptcy and lodged an adversarial proceeding against the SSA which the bankruptcy court dismissed. The issue for the Fifth circuit was whether the bankruptcy court had jurisdiction to hear plaintiff’s claims. The Fifth circuit ruled that the bankruptcy court had jurisdiction and remanded to the bankruptcy court.
(United States Second Circuit) – Held that judicial estoppel did not bar a Sarbanes-Oxley Act whistleblower retaliation claim. The issue centered on whether the plaintiff employee had attempted to conceal his whistleblower lawsuit from the court in his bankruptcy proceeding. Vacated a dismissal in relevant part.
(United States Ninth Circuit) – Affirmed a real estate business’s Chapter 11 reorganization plan. Held that the plan was lawfully proposed even though a lessee illegally grew marijuana. Rejected a challenge brought by the United States Trustee.
(United States Seventh Circuit) – Held that a Chapter 7 bankruptcy debtor was not entitled to a discharge of debt because of fraudulent omissions in financial disclosures. Affirmed a ruling after a bench trial.