December 17, 2020
Neither the Bankruptcy Code nor state law permits reducing rent when government regulations restrict a debtor’s ability to generate income, Judge Isgur says.
December 15, 2020
Courts are split on the extent to which an affidavit of timely mailing will suffice to prove that a claim was filed.
December 11, 2020
Debts acquired from running a business do not qualify someone for subchapter V of chapter 11 if the business has terminated and the assets are gone, according to Judge Cynthia Norton.
December 10, 2020
Section 326(b) could have been (incorrectly) read to mean that non-standing subchapter V trustees are not entitled to compensation.
9th Circuit , Idaho ,
December 9, 2020
California judge disagrees with a Texas judge and rules that creditors of a solvent debtor are not entitled to the higher state judgment rate or the higher contract rate.
December 8, 2020
Expanding on dicta in Bellingham, the district court in Arizona finds no power to enter a final order in a preference suit against a defendant who did not consent to a final order in bankruptcy court.
9th Circuit , Arizona ,
December 7, 2020
An oversecured lender may not be entitled to a fee allowance from the estate that a private client might be willing to pay.
December 4, 2020
The Fifth Circuit and now the Court of Claims found no constitutional flaw in the 2017 increase in fees paid by chapter 11 debtors to the U.S. Trustee system.
December 2, 2020
New York Court of Appeals decision opens the door to state court suits against third parties who cause debtors to breach contracts with lenders.
2nd Circuit , New York ,
December 1, 2020
The Eleventh Circuit makes federal common law to nail companies for a deceased affiliate’s pension underfunding.