New York Decision Shows that Merit Management Is a Dead Letter
The expansive definition of a ‘financial institution’ allows fraudulent transfers to be structured so that no one will ever be held liable.
Subchapter V Trustee Barred from Routine Retention of Counsel
Bankruptcy Judge David Warren warns small business trustees that they won’t be compensated if they are “overzealous” or undertake “unnecessary or duplicative services.”
Houston Judge Rejects the Jay Alix Protocol, Allows Retention Under Section 327(a)
Bankruptcy Judge David Jones finds the Jay Alix Protocol to be ‘completely unnecessary.’
Currently Conducting Business Isn’t Required to Qualify for the SBRA
Dealing with the debt left over from a defunct business is enough to qualify as a small business debtor under the new subchapter V of chapter 11, Judge Burris rules.
Court:
HAVEN Act May Be Employed to Reduce Payments Under a Confirmed Chapter 13 Plan
Judge Shefferly writes a complicated opinion on the retroactivity of the HAVEN Act to cases filed prior to enactment.
Judge Kahn Finds No Constitutional Infirmities in Applying the SBRA Retroactively
Because the SBRA’s foundation is chapter 11, the new statute may be applied constitutionally to rights or property interests arising before enactment.