October 5, 2021
An irrevocable surety bond isn’t executory because it gives the bonding company no further obligations to the debtor.
October 4, 2021
The Iqbal and Twombly standards don’t apply to involuntary petitioners who are required to use Official Form 105.
August 20, 2021
It isn’t duress when a lender threatens to take action that the loan agreement allows, the circuit court says.
August 6, 2021
Fifth Circuit rejects technical arguments aimed at skirting Section 363(m) and statutory mootness of a sale order.
July 15, 2021
Section 330(a)(4)(B) is an exception to the American Rule and the notion that administrative expenses must benefit the estate, not just the debtor.
July 12, 2021
Increasingly, courts are allowing defunct corporations to proceed under the SBRA while individual owners of defunct businesses aren’t being treated as small business debtors in chapter 11.
May 14, 2021
Filing bankruptcy to gain a ‘litigation advantage’ in the N.Y. Attorney General’s dissolution action meant the chapter 11 petition was not filed in good faith and must be dismissed, Judge Harlan Hale rules.
May 4, 2021
Courts disagree on whether a repudiated contract remains executory.
April 9, 2021
Incivility may be acceptable in matrimonial matters, but not when the lawyer represents a debtor.
April 5, 2021
Creditors’ lawyers shot themselves in the foot by having the bankruptcy judge moot a motion for an extension of the dischargeability deadline.