April 12, 2022
To be a good faith purchaser under Section 363(m), a purchaser must be given actual notice to those with an interest in the property. Constructive notice won’t suffice.
April 11, 2022
If a proceeding is sub judice when the defendant files bankruptcy, the plaintiff should figure out whether a decision after bankruptcy would violate the automatic stay.
April 8, 2022
Due process considerations mean it’s not harmless error if a debtor was denied standing improperly.
April 7, 2022
Being branded as a creditor is like a tattoo; it won’t ever come off.
April 6, 2022
The Supreme Court is still giving no hints about whether arbitration agreements are enforceable in bankruptcy cases.
April 4, 2022
A prevailing party can’t appeal arguably erroneous findings.
April 1, 2022
Submitting a retention order with the wrong word resulted in a pivotal issue on appeal.
3rd Circuit , Delaware ,
March 28, 2022
A lien securing a claim based on the purchase or sale of securities is subordinated, just like the claim, the Ninth Circuit BAP says.
March 25, 2022
A hybrid contract covering both goods and services is accorded priority status under Section 503(b)(9) only for the value of the goods, even if the contract primarily involved the sale of goods.
10th Circuit , Colorado ,
March 23, 2022
The circuits are now split 2/1 on the waiver of sovereign immunity under Section 544(b) for lawsuits by a trustee based on claims that could have been made by an actual creditor.