August 22, 2024
Criminal activities of an agent don’t take the agent’s actions outside of the scope of authority.
August 21, 2024
Professors disagree on whether latent asbestos claims can be discharged without a trust for future claimants.
August 15, 2024
Bankruptcy Judge Paul Bonapfel differed with two judges in Houston by holding that a nonaccepting class in Subchapter V means that a plan must be confirmed in cramdown.
August 14, 2024
Defensive setoff rights are not discharged by chapter 11 confirmation, even when no proof of claim was filed.
August 13, 2024
In practical effect, the Second Circuit’s opinion means that a chapter 7 debtor may never appeal denial of a motion to dismiss a petition.
August 12, 2024
A Supreme Court nonbankruptcy decision means there is no right to a jury trial in the claims-allowance process in bankruptcy.
August 9, 2024
The tide is turning against corporate Sub V debtors. Two bankruptcy judges now side with two circuits in holding that debts of corporate debtors can be nondischargeable.
August 8, 2024
Motions for fees must be made within 14 days of the entry of judgment.
August 7, 2024
To revisit denial of a lift-stay motion, the prior order denying modification of the stay isn’t required to say ‘without prejudice.’
August 2, 2024
The majority in the Fourth Circuit based a bright-line rule on the presence of the word ‘the’ in Section 327(a).