business Cases
October 6, 2020
Foreclosing on cash doesn’t moot an appeal from the order modifying the automatic stay as to cash.
September 29, 2020
5th Circuit , Louisiana ,
Insurance companies must nail down the treatment of performance bonds before plan confirmation.
September 28, 2020
Compassion and intellect mark the bankruptcy opinions and dissents by the late Justice Ruth Bader Ginsburg.
September 28, 2020
Fictitious profits in account statements don’t represent ‘value’ and give rise to a defense for receipt of a fraudulent transfer with ‘actual intent,’ the Second Circuit rules.
September 23, 2020
Findings of fact to show satisfaction of the best interests test ordinarily should be numerical comparisons, Ninth Circuit BAP Says
September 22, 2020
Advice-of-counsel defense doesn’t work when intent is clearly fraudulent.
September 21, 2020
The parties judged the chapter 11 case a success, even though unsecured creditors got zilch.
September 18, 2020
Ninth Circuit abjures bright lines in favor of a flexible approach to defining recoupment.
September 16, 2020
3rd Circuit , Delaware ,
Delaware district judge holds that the final bid at auction, not the lender’s last credit bid, fixes the value of the lender’s collateral.
September 15, 2020
Even though the price and terms were ‘entirely fair,’ Bankruptcy Judge Garrity disapproved DIP financing that would have locked in the right of controlling shareholders to purchase new stock at a 20% discount.