August 1, 2022
Jury instructions and a special verdict form can determine whether issue preclusion automatically results in nondischargeability.
July 22, 2022
When a secured lender credit bids, a buyer’s premium can be a legitimate surcharge against the lender’s collateral, Judge Rodriguez says.
October 4, 2021
The Iqbal and Twombly standards don’t apply to involuntary petitioners who are required to use Official Form 105.
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 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.
February 18, 2021
Even though the debtor was no longer in business, a Medicaid fraud suit was not subject to the automatic stay and thus served as a deterrent to others.
February 10, 2021
The finding of proper notice in a confirmation order satisfies the debtor’s burden of proving notice by publication to creditors with future claims, even in the absence of a trust for future creditors, Houston judge says.
January 7, 2021
Dissolved by forfeit, a corporation cannot reinstate a charter and may resort to bankruptcy only to liquidate, Judge Eduardo Rodriguez says.
December 17, 2020
Neither the Bankruptcy Code nor state law permits reducing rent when government regulations restrict a debtor’s ability to generate income, Judge Isgur says.