July 2, 2025
The inability to modify a Section 524(a) discharge put the Ninth Circuit BAP in a bind.
June 30, 2025
Once a chapter 13 plan is confirmed, a debtor in the Sixth Circuit may not surrender collateral and treat the deficiency as an unsecured claim.
June 27, 2025
Although there wasn’t ‘good cause’ to excuse late service of a summons and complaint, the bankruptcy court salvaged a large preference by exercising discretion and granting a 10-day expansion of the 90-day deadline.
June 24, 2025
Ninth Circuit BAP confirmed a plan with no future creditors’ trust when the debtor claimed there were no future claims and no one was in court representing future claimants.
June 20, 2025
A chapter 11 debtor may be saddled with smaller WARN Act claims by imposing mass layoffs after filing.
June 16, 2025
A plan saying that it satisfies and settles claims does nothing more than discharge the claims. It doesn’t extinguish the claims, the Fifth Circuit says.
June 6, 2025
Circuit Judge Edith Jones explains that the word ‘or’ in Section 550(a) doesn’t mean ‘and.’
May 27, 2025
Consent from administrative creditors provided grounds for approving DIP financing and a sale when the estate was administratively insolvent.
May 22, 2025
Judge Meredith Grabill of New Orleans agreed with New York’s Judge Mastando that a Subchapter V plan can enjoin lawsuits against nondebtors for the life of a three-year plan.
May 21, 2025
The elaborate definition of ‘estate property’ in Section 541(a) may have superseded the 1966 ‘sufficiently rooted’ analysis in Segal.