Priority Wage Claims Paid After Filing Are Counted Toward the Sub V Debt Cap
Wage claims and claims of critical vendors paid under ‘first day orders’ are counted toward the Subchapter V debt cap that’s rising on April 1 to about $3.4 million.
Estimated Tax Payments Made Before Filing Aren’t Fraudulent Transfers to the IRS
When estimated tax payments are ‘reasonable’ estimates of the year’s taxes, they aren’t fraudulent transfers, district judge says
Another Fifth Circuit Humdinger: This Time, Limiting Gatekeeping
Picking up where Serta Simmons left off, the Fifth Circuit nixes another creative chapter 11 plan.
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For an Individual Chapter 11 Debtor, the Usual Retention Rules Don’t Always Apply
When retention benefits the chapter 11 debtor individually but not the estate, Bankruptcy Judge Christopher Bradley believes that compensation is not subject to approval under Section 330.
A District Court Decision Implies that Marshaling Is Impermissible in Bankruptcy
The circuits are split on whether a bankruptcy court can compel marshalling by the IRS.
In Lender-on-Lender Violence, an ‘Uptier’ Financing Bites the Dust, this Time in Houston
Fancy drafting by ‘brilliant financiers and lawyers,’ the judge said, didn’t validate an uptier transaction when the ‘effect’ was to release collateral without a two-thirds vote.
The Insurer Exception to Discharge Injunction: More Theoretical than Real?
The self-insured retention can prevent a creditor from using the insurer exception to sue the insurance company with the debtor as a nominal defendant.
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A Disguised Loan Agreement Didn’t Create a ‘Fair Ground of Doubt’ Under Taggart
The Fifth Circuit undertook a legal analysis of a complex loan agreement to decide there was no ‘fair ground of doubt’ under Taggart that the lender was violating the discharge injunction.
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Fifth Circuit Arguably Expands the Barton Doctrine’s Ultra Vires Exception
A receiver was tagged $45,000 for failing to turn over estate property by demanding payment of administrative fees.
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Fifth Circuit Holds that Equitable Mootness Doesn’t Protect Parties to the Appeal
Fifth Circuit didn’t permit plan proponents to structure a chapter 11 plan so that an appeal would be equitably moot.
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