Supreme Court Update
Second Circuit Updates with Bill Rochelle
How to Liquidate a Secured Lender’s Collateral and Still Get Paid
To liquidate an underwater lender’s collateral, there must be a carveout giving unsecured creditors a ‘meaningful distribution.’
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Bankruptcy Courts Disagree on Paying a ‘7’ Trustee Who Made No Distributions
Courts are split on whether chapter 7 trustees can be paid on another theory when the trustee had made no distributions to creditors under Section 326(a).
Forcing Sale of a Debtor’s Milk Quota Is No Stay Violation, First Circuit Says, Reversing District Court
The First Circuit applied the ‘collateral order doctrine’ to allow an appeal by the government when a private party would be stuck with a nonappealable, interlocutory order.
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Case Law Updates
Trustees’ Commissions Are Based on Distributions Made to Co-Owners of Property Sold
Bankruptcy courts are divided on whether the calculation of a trustee’s commissions includes distributions made to co-owners of property that the trustee has sold.
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