July 30, 2021
The $13,650 cap on priority claims for each employee under an ‘employee benefit plan’ applies to each benefit plan, not to all of an employer’s benefit plans added together, the Seventh Circuit says.
July 14, 2021
Officers are presumptively disqualified from KERPs, “absent a strong showing that they do not perform any significant role in management,” a district judge in New York says.
July 7, 2021
A standard provision in a trust indenture meant no recovery for the indenture trustee’s attorneys.
3rd Circuit , Delaware ,
June 9, 2021
An administrative creditor isn’t a ‘guarantor’ of the success of the project, Delaware’s Bankruptcy Judge Goldblatt says.
3rd Circuit , Delaware ,
May 18, 2021
A minority of courts hold that a suit in bankruptcy court can violate the automatic stay if based on a claim that could have been brought before bankruptcy and did not arise under the Bankruptcy Code.
May 17, 2021
Courts are split on whether having nondischargeable debts gives an individual chapter 7 debtor standing to object to claims.
May 12, 2021
At least in New York, a litigation finance agreement can’t be written to remove all of the lender’s exposure to the borrower’s bankruptcy.
May 11, 2021
Not having challenged pre-petition liens on time, a chapter 7 trustee was barred from taking over an adversary proceeding initiated by a now-dissolved chapter 11 creditors’ committee.
3rd Circuit , Delaware ,
May 10, 2021
Judge Colton decided that class claims aren’t prohibited in Subchapter V cases but didn’t allow a class claim in the case before her.
May 6, 2021
Section 1326(a)(2) by itself does not bar garnishment of funds held by a trustee on dismissal before confirmation.