January 28, 2025
8th Circuit , Minnesota ,
A district court in Minnesota left the door open for sometimes compelling debtors to arbitrate claims arising in a bankruptcy case.
January 27, 2025
In New Jersey, a trustee’s hypothetical judicial lien has priority over a judgment lien if the judgment lienholder has not made a levy on the property.
January 24, 2025
Bankruptcy Judge David Cleary wrote a manual on how a company can be ‘bankruptcy remote’ without violating public policy.
January 23, 2025
Long Island’s Judge Grossman warns lawyers that they may be paid nothing if they file chapter 11 cases just to delay a secured creditor, with no legitimate strategy for selling the property, refinancing or confirming a plan.
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 16, 2025
A receiver was tagged $45,000 for failing to turn over estate property by demanding payment of administrative fees.
January 15, 2025
If there’s a constructive trust on property in the debtor’s name, the debtor was only the trustee of the constructive trust and had no legal interest in the property.
January 14, 2025
Fifth Circuit didn’t permit plan proponents to structure a chapter 11 plan so that an appeal would be equitably moot.