January 14, 2025
Fifth Circuit didn’t permit plan proponents to structure a chapter 11 plan so that an appeal would be equitably moot.
January 13, 2025
The Fifth Circuit declines to adopt a securities industry guidebook for what’s a permissible financing.
January 8, 2025
To obtain a judgment lien, filing a UCC financing statement is no substitute for docketing a judgment.
December 30, 2024
Good faith and attention to detail should enable a failing business to avoid WARN Act liability.
3rd Circuit , Delaware ,
December 23, 2024
There are two tests again for the existence of a claim, one test for claims against the debtor and another for claims by the debtor.
November 26, 2024
With an exception, cases after Purdue are pointing toward approval of nondebtor releases where creditors are only allowed to opt out.
November 5, 2024
An involuntary petitioner whose claim was paid after filing is still counted as an involuntary petitioner, the Ninth Circuit BAP says.
November 4, 2024
Despite Section 1325(a)(5)(B), an auto lender was entitled to retain a lien when there were co-debtors.
October 8, 2024
Arbitration was denied over a trustee’s claim objection based on the lender’s violation of state usury laws.
9th Circuit , Montana ,
September 23, 2024
Alter ego claims belong to the creditor, not to the bankrupt estate.