May 6, 2022
To settle with a trustee, a creditor is not required to volunteer damaging information.
April 12, 2022
To be a good faith purchaser under Section 363(m), a purchaser must be given actual notice to those with an interest in the property. Constructive notice won’t suffice.
March 8, 2022
For those entitled to the mortgage interest deduction, debtors may have unexpected tax benefits from short sales.
March 2, 2022
Disputes over water rights aren’t the sort of property interest that can attach to proceeds in a sale ‘free and clear’ under Section 363(f).
January 25, 2022
The Tenth Circuit left an unanswered question: Do debtors retain post-filing appreciation in a home that is not sold before the case converts from chapter 13 to chapter 7?
November 3, 2021
In a concurrence, Circuit Judge Jordan questions whether rollups are permitted under Eleventh Circuit authority.
October 21, 2021
Disclosing a lawsuit in the SOFA and discussing the suit with the trustee was no substitute for listing the suit among a debtor’s assets, the Ninth Circuit held.
October 18, 2021
The bankruptcy court was accorded wide discretion in deciding how to treat a $5.2 million loan that was neither disclosed to nor approved by the bankruptcy court.
September 24, 2021
Had the purchaser of estate claims offered to waive its own unsecured claim, the sale might have been approved.
September 17, 2021
Properly structuring a leveraged refinancing in the Second Circuit can avoid attack as a fraudulent transfer despite the Supreme Court’s effort at narrowing the ‘safe harbor.’