Plan Permitted to Stretch Out Redemption Payments Following a Tax Sale
Courts split on whether failure to redeem on time is fatal in a reorganization.
Complex Litigation Can Beat a Valid Forum Selection Clause
Enforcement of a forum selection clause is sometimes not mandatory, Delaware judge says.
Court:
Lender Can’t Use Corporate Structure to Waive a Company’s Right to File Bankruptcy
Delaware’s Judge Carey slams the door on waivers of the right to file chapter 11.
Court:
Each Third Party Release Must Be Economically Justified, District Judge Holds
Small case is making big Third Circuit law on confirmation of chapter 11 plans.
Court:
Did Segal v. Rochelle Survive Butner and Adoption of the Bankruptcy Code?
Courts use four approaches to harmonize Butner with Segal v. Rochelle.
Recent Decisions Bar Cramdown on Mixed-Use Principal Residences
Newark and Buffalo judges read 1322(b)(2) narrowly and in favor of mortgage lenders.
Court:
Clark v. Rameker’s Gaping Loophole Allows Debtors to Retain Inherited IRAs
State law overrides ‘significant policy concerns’ in Supreme Court decision.
Court:
Plan’s Treatment of Secured Claim Trumps Failure to Redeem on Time
Courts split on whether failure to redeem on time is fatal in reorganization.
Third Circuit Insulates the IRS from Preference Claims for Trust Fund Taxes
Aggregation was not permitted to surmount the $6,225 minimum for preferences.
Court:
Third Circuit Tries to Synthesize Illinois Law on Veil Piercing and Unjust Enrichment
Third Circuit relies on a Seventh Circuit opinion to understand Illinois law.
Court: