December 18, 2023
Whether a creditor violated the automatic stay is not arbitrable in bankruptcy.
December 15, 2023
Invoking Supreme Court authority, the Tenth Circuit says that inferences from the evidence are reviewed for clear error just like findings of fact themselves.
December 14, 2023
Acquiescence in an appeal to a BAP waives any right to de novo review by an Article III judge.
December 13, 2023
The standard for defeating equitable disgorgement is lower than the proof required to fend off receipt of a fraudulent transfer.
December 12, 2023
An inchoate interest in property created by filing a divorce action doesn’t survive dismissal of the divorce action, the Tenth Circuit BAP says.
December 11, 2023
Some authority from the Supreme Court suggests that a contempt order without imposition of attorneys’ fees would not be final in a bankruptcy case.
December 8, 2023
If future liability on unexpired leases and executory contracts is counted, many companies will be ineligible for Subchapter V of chapter 11.
December 7, 2023
Chicago Bankruptcy Judge David Cleary followed a decision by then-district Judge David Hamilton and “respectfully” disagreed with decisions by two predecessors on the same bankruptcy bench.
December 6, 2023
In the Fourth Circuit, creditors are compensated when there is a ‘substantial improvement’ in a chapter 13 debtor’s financial condition.
December 5, 2023
At oral argument, the justices were focused on whether the word “appropriate” in Section 1123(b)(6) allows chapter 11 plans to include nonconsensual, nondebtor third-party releases.