June 1, 2021
Part-time self-employment, coupled with debt from a defunct business, qualified the debtor for reorganization under Subchapter V of chapter 11.
May 27, 2021
The Second Circuit split with the Fourth and Fifth Circuits by holding that the increase in fees for the U.S. Trustee system was unconstitutional because it was not imposed simultaneously in the two states with bankruptcy administrators.
May 20, 2021
Filing a chapter 15 petition wasn’t required for a U.S. district court to dismiss a civil action against a German company undergoing insolvency in Germany.
May 19, 2021
When drafting a statute, Congress cannot ‘think of every single esoteric possibility,’ Judge Mignault says.
May 17, 2021
Courts are split on whether having nondischargeable debts gives an individual chapter 7 debtor standing to object to claims.
May 14, 2021
Filing bankruptcy to gain a ‘litigation advantage’ in the N.Y. Attorney General’s dissolution action meant the chapter 11 petition was not filed in good faith and must be dismissed, Judge Harlan Hale rules.
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.
May 5, 2021
First Circuit won’t allow a debtor to dismiss and avoid the consequences of abusive conduct.