May 4, 2021
Courts disagree on whether a repudiated contract remains executory.
May 3, 2021
Dissenters in the Fourth and Fifth Circuits evidently believe that the dual U.S. Trustee/Bankruptcy Administrator system is unconstitutional.
April 30, 2021
A jury should decide whether a credit-reporting agency was negligent by not examining court records to determine whether a debt had been discharged.
April 27, 2021
Utah’s Judge Thurman says that a corporation liquidating its remaining assets is engaged in business ‘activities’ and is therefore eligible for Subchapter V.
10th Circuit , Utah ,
April 26, 2021
Third Circuit dicta suggests that failure to create a trust is constitutionally deficient and won’t discharge claims of ‘unknown’ creditors in a chapter 11 plan.
April 22, 2021
Manhattan’s Bankruptcy Judge Sean Lane requires a record in the foreign proceeding showing that third-party releases are in accord with foreign law.
April 21, 2021
A fast-food worker can (conceivably) qualify as a small business debtor under Subchapter V, according to Bankruptcy Judge Thomas B. McNamara.
10th Circuit , Colorado ,
April 20, 2021
Bankruptcy court has power to entertain a nationwide class action asserting a discharge violation.
April 19, 2021
California district judge sides with the dissenter in the Fifth Circuit in saying that the parallel systems of U.S. Trustees and Bankruptcy Administrators violates the Bankruptcy Clause of the Constitution.
April 16, 2021
Delaware bankruptcy judge trusts that dating lawyers at adversary firms didn’t disclose client confidences.
3rd Circuit , Delaware ,