November 13, 2023
The Second Circuit is remanding to district court for a ruling on the relief available to the landlord, given that the sale closed years ago.
November 9, 2023
The Madoff case makes more law: A claim against a bankrupt estate can’t be set off against liability for receipt of a fraudulent transfer because one arose before bankruptcy and the other arose after.
October 25, 2023
An exculpation clause in a chapter 11 plan protected the owner’s counsel from a malpractice suit.
October 23, 2023
A district judge, who had been a bankruptcy and BAP judge, narrowly interpreted 28 U.S.C. § 1412 as being inapplicable to pending suits only “related to” the bankruptcy.
10th Circuit , Kansas ,
October 16, 2023
As a unit of the district courts, bankruptcy courts are required to grant post-judgment interest in adversary proceedings under 28 U.S.C. § 1961(a).
October 2, 2023
Delaware’s Judge Goldblatt seems to be recommending that the Third Circuit close a loophole in confidentiality agreements.
3rd Circuit , Delaware ,
September 29, 2023
A district judge in New York reversed the bankruptcy court, which had held that a Kuwaiti public pension fund was not entitled to sovereign immunity for having engaged in commercial activity.
September 27, 2023
The state law standards for creation of a contract governed enforceability of a term sheet signed after mediation.
August 25, 2023
Now a circuit judge, a former bankruptcy judge makes quick work of a troublesome issue about property of the estate.
July 24, 2023
The Fifth Circuit declined to follow the Ninth Circuit in questioning ‘person aggrieved’ as being inconsistent with recent Supreme Court authority.