Rochelle's Daily Wire

An involuntary petitioner whose claim was paid after filing is still counted as an involuntary petitioner, the Ninth Circuit BAP says.

Dilatory actions by a debtor tolled statutes of limitations for a trustee’s suit against a third party.

Arbitration was denied over a trustee’s claim objection based on the lender’s violation of state usury laws.

In a split decision, the Ninth Circuit majority held that a chapter 13 debtor has the right to dismiss under Section 1307(b) before the bankruptcy court decides whether the filing was in good faith.

The Second Circuit shows how a properly structured leveraged refinancing avoids attack as a fraudulent transfer despite the Supreme Court’s effort at narrowing the ‘safe harbor.’

A court can evaluate the credibility of an affidavit when deciding whether there’s a material issue of disputed fact to defeat summary judgment.

The new J&J filing starkly raises the issue of venue-shopping. If the new case remains in Houston, the Texas court would not be bound by the Third Circuit’s ‘financial distress’ requirement.

Debtors paid a high price for their counsel’s inattention to their needs after plan confirmation.

The Ninth Circuit held that a debtor’s claim for malicious prosecution must be brought in bankruptcy court and may not be filed in state court.

A noncompetition agreement that would preclude finding other sources of revenue can be the basis for showing irreparable harm and entitlement to a preliminary injunction.