February 20, 2024
Can Section 327(c) be unconstitutional as applied if it deprives shareholders of standing when the estate might be solvent?
3rd Circuit , Delaware ,
February 16, 2024
A stipulated dismissal, even with prejudice, doesn’t mean that the claims were ‘actually litigated’ for the purpose of claim preclusion, the Sixth Circuit says.
February 15, 2024
Prof. Westbrook believes there is no common law alternative to chapter 15.
February 14, 2024
If the requisites for a preliminary injunction are met, a trustee might be able to freeze some of a preference defendant’s assets when a prejudgment attachment is not available.
February 13, 2024
Nondischargeability for Sub V corporate debtors is sub judice in the Fifth Circuit.
February 12, 2024
A fully secured lender’s lawyer doesn’t have a ‘blank check’ to overwork a case, Bankruptcy Judge Kimberley Tyson says.
10th Circuit , Colorado ,
February 9, 2024
Absent a provision in the plan to the contrary, creditors aren’t given estate assets recovered after the final plan payment.
9th Circuit , Idaho ,
February 8, 2024
Like Bankruptcy Judge Lopez in Houston, Delaware’s Judge Goldblatt decided that Delaware law governing LLCs can’t eliminate rights that are fundamental in federal bankruptcy law.
3rd Circuit , Delaware ,
February 7, 2024
An opinion by Denver’s Judge McNamara describes the four interpretations of Section 1189(b) and follows the meaning given to Section 1221.
10th Circuit , Colorado ,
February 6, 2024
A debtor has one bite at the apple to enforce discharge. Take your pick: state or federal court, but not both.