June 20, 2025
A chapter 11 debtor may be saddled with smaller WARN Act claims by imposing mass layoffs after filing.
May 13, 2025
After conversion, the debtor was entitled to prosecute an appeal at the debtor’s expense when the appeal involved the debtor’s personal liability.
December 30, 2024
Good faith and attention to detail should enable a failing business to avoid WARN Act liability.
3rd Circuit , Delaware ,
November 15, 2024
District judge decides that an individual debtor has standing to appeal conversion from Subchapter V of chapter 11 to chapter 7.
September 26, 2024
Judge Dale Somers adopted a ‘liberal’ construction of Section 1107(b) to retain a professional person who had been an officer of the debtor.
10th Circuit , Kansas ,
July 25, 2024
Bankruptcy Judges Wiles in New York decided that insiders were not entitled to releases under Section 503(c), but not for the reasons contained in Purdue.
June 11, 2024
Is Segal v. Rochelle good law following the adoption of the Bankruptcy Code?
October 23, 2023
A district judge, who had been a bankruptcy and BAP judge, narrowly interpreted 28 U.S.C. § 1412 as being inapplicable to pending suits only “related to” the bankruptcy.
10th Circuit , Kansas ,
September 22, 2023
Neither a sale ‘free and clear’ nor rejection of a union contract bars enforcement of NLRA successorship obligations, Delaware district judge rules in reversing the bankruptcy court.
3rd Circuit , Delaware ,
July 10, 2023
Times are a-changin’ when it comes to setoff against exempt assets.