business Cases
December 21, 2022
The failure to convert a contingent interest into ownership is not a transfer that could be avoided as a fraudulent transfer.
December 20, 2022
3rd Circuit , Delaware ,
Although deposed as debtor in possession, the Subchapter V debtor retains the sole power to file a chapter 11 plan.
December 19, 2022
There’s no circuit split on post-petition interest, because the Second Circuit agreed with the Third, Fifth and Ninth Circuits.
December 15, 2022
California bankruptcy judge doubts the Ninth Circuit will adopt the BAP’s dicta by holding that technical stay violations are only voidable, not void.
December 13, 2022
Judge David Thuma explains why a chapter 11 debtor in possession and a subsequent liquidating trust are different clients for the purpose of a conflict analysis, at least when the committee has confirmed a liquidating plan.
December 12, 2022
A foreign proceeding designed only to protect company assets won’t qualify as a ‘foreign proceeding’ entitled to recognition under chapter 15.
December 9, 2022
3rd Circuit , Delaware ,
Sticking to her guns, Bankruptcy Judge Mary Walrath rules that the solvent-debtor exception was abrogated by the adoption of the Bankruptcy Code, but certifies a direct appeal to the Court of Appeals.
December 8, 2022
Will the Supreme Court add words to Section 523(a)(2)(A) to yield a result that the justices find more palatable?
December 7, 2022
The justices seem inclined to hold that Section 363(m) is not jurisdictional, if they first decide that the appeal is not moot.
December 6, 2022
Agreement on the price and nothing else short of an enforceable contract.