June 29, 2023
Courts are split on whether the debt providing eligibility for Sub V must have arisen from a business that was active on the filing date.
June 20, 2023
Providing an adult child with room and board in the family home is not a fraudulent transfer.
May 31, 2023
The concurring opinion, which is really a dissent, urges the Supreme Court to grant certiorari and resolve the split of circuits on nondebtor releases.
May 26, 2023
A two-story commercial condominium wasn’t ‘single asset real estate,’ Judge Mastando holds.
May 22, 2023
Courts are divided on whether electricity supplied within 20 days of bankruptcy gives rise to an administrative priority claim.
May 16, 2023
A federal district judge in New York holds that the safe harbor in Section 546(g) doesn’t preempt state fraudulent transfer laws.
April 25, 2023
Damages for a constructively fraudulent transfer were the difference between what the buyer paid and what the business was really worth, based on accurate income and expenses.
April 17, 2023
Someone who is not a party to the contract being assumed can’t assert a cure claim, even though Section 365(b) doesn’t give the counterparty the sole right to demand a cure on assumption of an executory contract.
April 14, 2023
A terse Second Circuit order seems to mean that a stay of a confirmation order pending appeal granted in district court can’t be appealed to the circuit, at least when the appeal is being expedited.
April 5, 2023
The U.S. Attorney argued in district court that the Voyager plan would bar the government from enforcing federal regulations and criminal laws.