November 10, 2023
Although the Supreme Court will soon rule on the permissibility of nonconsensual releases, Bankruptcy Judge Sigler approved a plan with nondebtor releases under existing Eleventh Circuit precedent.
November 8, 2023
We focus on ethics two days in a row, given the recent disturbing events in Houston.
November 7, 2023
Lawyers aren’t guarantors for a client’s misconduct, but they may be sanctioned for a coverup.
November 2, 2023
The fraudulent intent of an individual who controls a corporation can be imputed to the corporation itself, even if the board is unaware of fraud.
3rd Circuit , Delaware ,
November 1, 2023
Indemnification rights in an executory contract can’t be assigned without assuming and assigning the entire contract.
October 31, 2023
A Delaware opinion states that debtors can’t reincorporate to manufacture venue, but it’s permissible for lenders to do so.
3rd Circuit , Delaware ,
October 30, 2023
A chapter 7 trustee’s obligation to sell can mean that chapter 7 prices don’t fit the ordinary definition of fair market value.
9th Circuit , Hawaii ,
October 26, 2023
Bankruptcy Judge Christopher Lopez of Houston will hold trials that could result in more nondischargeable debt for Alex Jones.
October 25, 2023
An exculpation clause in a chapter 11 plan protected the owner’s counsel from a malpractice suit.
October 24, 2023
Former Bankruptcy Judge David R. Jones disagreed with a colleague, who had held that a non-voting class is considered as having voted against a plan.