September 16, 2024
Extraordinary collection efforts do not preclude invoking the ‘ordinary course’ defense to a preference.
3rd Circuit , Delaware ,
September 13, 2024
Bankruptcy Judge Larson administratively closed a Sub V case after substantial consummation.
September 12, 2024
For abandoned property, there is more likely to be bankruptcy jurisdiction under Section 1334(b) than Section 1334(e)(1), Fifth Circuit Judge King says.
September 11, 2024
When a lien is undersecured, the avoided portion of the lien takes nothing through preservation until the unavoidable portion of the lien is paid in full.
September 10, 2024
A chapter 11 plan may not impair the rights of a mortgage lender against a co-owner who is not in bankruptcy.
September 5, 2024
Second Circuit leaves open the question of whether a trustee can sell a ‘general’ or ‘derivative’ claim that’s subject to a valid lien held by a creditor.
September 4, 2024
After Purdue, bankruptcy judges are now split on whether mass-tort plans are permissible if creditors must opt out.
August 29, 2024
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.
August 28, 2024
In the first opinion on the issue after Purdue, Bankruptcy Judge Christopher Lopez holds that Purdue did not change Fifth Circuit law where ‘hundreds’ of ‘opt-out’ plans have been confirmed with nondebtor releases.
August 27, 2024
Reversing the BAP, the Ninth Circuit held that counsel’s oral waiver of sovereign immunity did not bind the state.