March 20, 2020
Even the dissenter in the Ninth Circuit would not let a debt buyer off the hook if the complaint were properly pleaded.
February 13, 2020
The 2005 amendments to Section 546(c) departed from state law under UCC § 2-702 by creating a federal rule making reclamation claims subordinate to existing secured claims and DIP financing.
February 4, 2020
Employer contributions to Puerto Rico’s retirement system did not qualify as ‘special revenues,’ with the result that bondholders’ liens were cut off on the filing date.
January 15, 2020
A later First Circuit BAP panel should follow BAP authority unless the prior opinion seems “dead wrong.”
December 30, 2019
Appeals court upholds finding that the mortgage securities market in 2007 was declining, not dysfunctional.
December 3, 2019
Fifth Circuit upholds its prior ruling that disallowing part of a claim under the Bankruptcy Code does not render the claim ‘impaired’ to allow voting on a chapter 11 plan.
December 2, 2019
To avoid liability for an underfunded pension plan, the First Circuit describes a structure for investors to employ when buying a sick company
October 11, 2019
Holder in due course of consumer paper remains subject to the debtor’s claims against the originator of the paper.
September 23, 2019
Continuing the business after buying the assets from the lender at a foreclosure sale doesn’t bring successor liability.
September 16, 2019
Seventh Circuit holds that a financing statement is sufficient if it describes collateral by reference to an unattached security agreement.