business Cases
September 14, 2020
3rd Circuit , Delaware ,
The government lost a winnable appeal by failing to present evidence in bankruptcy court.
September 11, 2020
Bankruptcy Judge Glenn hints that the lenders and the debtor should mediate tough questions about the enforceability of a $150 million ‘sale’ of future credit card receivables.
September 9, 2020
3rd Circuit , Delaware ,
Since they weren’t bankruptcy lawyers, the firm wasn’t disqualified for the first nondisclosure offense. The second time, Delaware’s Judge Dorsey ordered disqualification and disgorgement
September 3, 2020
Language in the documents prevented trusts from dissolving automatically when the trustee missed a deadline for extending the duration of the trusts, Judge Isgur said.
September 1, 2020
Agreeing to bidding procedures can waive the right to make the Section 1111(b) election, Judge Hoffman says.
August 31, 2020
Pragmatic opinion by Circuit Judge Ambro allows cramdown to achieve ‘rough justice.’
August 28, 2020
Even when after a finding of bad faith, the court retains discretion to deny punitive damages, Third Circuit says. Compensatory damages are not available if the debtor was failing anyway.
August 26, 2020
Tenth Circuit and its BAP follow the same controlling authority but reach opposite results.
August 18, 2020
New York district judge differs with the Third Circuit on a bankruptcy court’s constitutional power to issue nondebtor, third-party releases.
August 18, 2020
Anything less than full disgorgement must be supported by ‘sound reasons’ and ‘solid evidence,’ the Tenth Circuit says.