June 16, 2022
Substantial consummation under Section 1193(b) was defined by the bankruptcy court to mean commencement of distributions to some but not all creditor classes.
June 7, 2022
Surprisingly, there is little authority on whether or how a receiver may respond to the filing of an involuntary petition.
March 30, 2022
The district court opinion affirms the notion that bankruptcy courts have ‘core’ power without a jury to adjudicate claims of attorney misconduct.
February 14, 2022
So long as the debtor is paying unsecured creditors what chapter 13 requires, the debtor is not obliged to pursue preferences.
December 29, 2021
The possibility that interim compensation allowances can be disgorged means that counsel won’t have an undue advantage over other administrative creditors, Judge Cleary says.
December 27, 2021
Lower courts are split on whether violating a PACA trust results in a nondischargeable debt. The question is on direct appeal to the Eleventh Circuit.
December 11, 2021
Despite Fulton, a Chicago bankruptcy judge rules that the City of Chicago might have violated Section 362(a)(4), (a)(6) or (a)(7) by refusing to release impounded cars immediately after a debtor files a chapter 13 petition.
November 9, 2021
The suggestion that the debtor never won undercut the poker player’s testimony about uncorroborated gambling losses.
August 30, 2021
The opinion tells plaintiffs what actions to take before filing suit to ensure constitutional standing to pursue a claim under the FDCPA.
March 31, 2021
The statutory basis for permanent relief under today’s chapter 15 was found in former Section 304, which chapter 15 superseded.