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.
January 13, 2025
The Fifth Circuit declines to adopt a securities industry guidebook for what’s a permissible financing.
January 10, 2025
A district judge in Ohio declined to sit as an appellate court by deciding whether a bankruptcy court in another state had properly ‘spread’ the automatic stay.
January 9, 2025
A corporate debtor with no income and no operating business could convert an involuntary chapter 7 case to Subchapter V of chapter 11.
January 8, 2025
To obtain a judgment lien, filing a UCC financing statement is no substitute for docketing a judgment.
January 7, 2025
9th Circuit , Hawaii ,
Bartenwerfer held to make a debt nondischargeable as to someone who was neither a partner nor an agent.
January 6, 2025
A deficiency judgment resulting from mortgage foreclosure is not ‘a judgment arising out of a mortgage foreclosure’ and can be avoided as a judgment lien.
December 31, 2024
‘Obtained by’ legal proceedings, a consent judgment is still a judgment lien that can be avoided if it impairs an exemption.
December 30, 2024
3rd Circuit , Delaware ,
Good faith and attention to detail should enable a failing business to avoid WARN Act liability.