business Cases
November 29, 2021
Even when the debtors are not parties to the suit, the stay is violated when a creditor pursues an action to collect a debt owing by the debtors, so says the Ninth Circuit BAP.
November 23, 2021
Stay modification is required even if the creditor wants to intervene in state court to help the bankrupt estate.
November 22, 2021
Deciding to transfer venue, a North Carolina bankruptcy judge said that the debtor underwent a corporate restructuring ‘purely for the purpose of filing bankruptcy.’
November 18, 2021
The appeals court barred the holder of a personal guarantee from launching a collateral attack on a confirmed chapter 11 plan.
November 17, 2021
Eleventh Circuit holds that the lack of notice required by Bankruptcy Rule 2002(c)(3) did not result in the invalidity of non-debtor, third-party releases in a chapter 11 plan.
November 12, 2021
Insurance coverage disputes are ‘routinely resolved in summary judgment,’ counseling against immediate withdrawal of the reference of a non-core lawsuit, district judge says.
November 11, 2021
Judge Clarkson laid down guidelines for a lawyer who copies pleadings written by another lawyer in a different case.
November 10, 2021
The Eleventh Circuit has two standards for non-debtor releases: One for free-standing settlements and another for releases engrafted into chapter 11 reorganization plans
November 3, 2021
In a concurrence, Circuit Judge Jordan questions whether rollups are permitted under Eleventh Circuit authority.
November 2, 2021
4th Circuit , Maryland ,
If a loan benefits both a debtor and someone else, the loan still may be included in counting whether the debt “arose from the commercial or business activities of the debtor.”