November 20, 2018
Lease-approval order held moot under Section 363(m) for lack of a stay pending appeal.
November 19, 2018
A triangular setoff, valid under state law, is unenforceable in bankruptcy under Section 553(a).
3rd Circuit , Delaware ,
A triangular setoff, valid under state law, is unenforceable in bankruptcy under Section 553(a).
3rd Circuit , Delaware ,
November 15, 2018
Super priority claims are not created under Section 503(b) and therefore don’t take a back seat to chapter 7 administrative claims.
8th Circuit , Nebraska ,
Super priority claims are not created under Section 503(b) and therefore don’t take a back seat to chapter 7 administrative claims.
8th Circuit , Nebraska ,
November 14, 2018
Judge Vyskocil denounces an involuntary petition as an attempt by senior, fully secured noteholders to profit at the expense of subordinate noteholders.
Judge Vyskocil denounces an involuntary petition as an attempt by senior, fully secured noteholders to profit at the expense of subordinate noteholders.
November 9, 2018
Florida judge finds no duty to investigate suspicions of fraud when even the auditors had been duped.
Florida judge finds no duty to investigate suspicions of fraud when even the auditors had been duped.
November 8, 2018
Split deepens regarding failure to return a repossessed auto as an automatic stay violation.