March 11, 2019
Bankruptcy Judge Wiles politely says that the Sixth Circuit reached the correct result for the wrong reason.
Bankruptcy Judge Wiles politely says that the Sixth Circuit reached the correct result for the wrong reason.
March 7, 2019
Sixth Circuit distinguishes between a trustee’s powers as a bona fide purchaser compared to a hypothetical judicial lienholder.
Sixth Circuit distinguishes between a trustee’s powers as a bona fide purchaser compared to a hypothetical judicial lienholder.
February 21, 2019
Equity didn’t favor chopping down the default rate when the debtor emerged from bankruptcy with substantial equity and all creditors were paid in full.
Equity didn’t favor chopping down the default rate when the debtor emerged from bankruptcy with substantial equity and all creditors were paid in full.
February 20, 2019
Although the parties were sophisticated, New York judge finds that a liquidated damages clause was actually an unenforceable penalty.
Although the parties were sophisticated, New York judge finds that a liquidated damages clause was actually an unenforceable penalty.
February 13, 2019
A non-objecting creditor is bound by a third-party release even if the release may have been improper.
A non-objecting creditor is bound by a third-party release even if the release may have been improper.