In this Issue:

• Can a Secured Creditor Claw Back a Retainer Payment to Debtor’s Counsel?
• Subchapter S Corporation Status is not Property of a Debtor’s Estate
• Who Wants Relief from the Automatic Stay? A Refresher of What Can Constitute “Cause” in a Consumer Case.
• Ninth Circuit Permits Sale of Real Property Free and Clear of Leasehold Interests
• First Circuit Affirms Dismissal of Fraudulent Transfer and Fiduciary Duty Claims
• An Undersecured Creditor Who Elects Treatment Under 11 U.S.C. § 1111(B) is Entitled to Post-Petition Attorneys’ Fees as Part of its Secured Claim
• Judgment Creditor is Transferee Under Ucc 9-332 and Takes Garnished Funds Free of Lender’s Security Interest
• Setoffs: Is it Mutual?
• Creditor’s Refusal to Turnover Vehicle Repossessed Pre-Petition Does Not Violate Automatic Stay Bankruptcy Court Says
• Bankruptcy Court Denies Substantive Consolidation of Non-Debtor Parents with the Bankruptcy Estate of Their Son
• Bankruptcy Courts Will Enjoin Causes of Action Filed Against a Party Who Purchases Debtor’s Assets “Free And Clear,” With One Caveat
• Court Approves Confirmation Plan of Church Using Till Formula to Approve Interest Rate on Secured Loans of Largest Creditor
• Debtor Has No Further Obligation To Perform Under Rejected Trademark License And Exclusive Distribution Agreement
• Third Circuit Limits the Reach of the Rooker-Feldman Doctrine
• Trustee’s Claims Based on Loan to Own Allegations Survive Motion to Dismiss
• Unclean Hands Post-Filing a Bar to Further Access to the Courts
• Counsel’s Corner: News from Reed Smith

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