business Cases
January 22, 2025
3rd Circuit , Delaware ,
Delaware district court rules that debtors and trustees alone have standing to propose spending estate money outside of the ‘ordinary course.’
January 21, 2025
3rd Circuit , Delaware ,
The ‘ordinary course’ defense only applies to credit terms with healthy customers, not to debtors in financial distress, even if pressure is ordinary in the industry.
January 17, 2025
A district court in New Jersey says that a discretionary fee award is neither a bonus nor an enhancement.
January 14, 2025
Fifth Circuit didn’t permit plan proponents to structure a chapter 11 plan so that an appeal would be equitably moot.
January 13, 2025
The Fifth Circuit declines to adopt a securities industry guidebook for what’s a permissible financing.
January 10, 2025
A district judge in Ohio declined to sit as an appellate court by deciding whether a bankruptcy court in another state had properly ‘spread’ the automatic stay.
January 9, 2025
A corporate debtor with no income and no operating business could convert an involuntary chapter 7 case to Subchapter V of chapter 11.
January 8, 2025
To obtain a judgment lien, filing a UCC financing statement is no substitute for docketing a judgment.
December 30, 2024
3rd Circuit , Delaware ,
Good faith and attention to detail should enable a failing business to avoid WARN Act liability.
December 24, 2024
The Ninth Circuit BAP eased the burden on debtors needing to prove that a lender violated Section 524(i) by failing to credit payments made under a plan.