February 13, 2023
Bound by Dow Corning, which permitted nondebtor releases, the Sixth Circuit had to explain why the same releases are not permissible in equity receiverships.
February 1, 2023
Although a UCC lien on ‘accounts’ would attach outside of bankruptcy to proceeds from the sale of real property, Section 552(b) cuts off attachment if the sale occurs after filing
January 26, 2023
Courts are deeply split on a chapter 13 debtor’s ability to keep the appreciation in an exempt home, whether or not the case converts to chapter 7.
January 10, 2023
Applying ordinary contract law, New York judge rules that customers are bound by contracts they haven’t read.
January 6, 2023
A surprising opinion by the Ninth Circuit was nonprecedential.
January 4, 2023
District judge remonstrates a solvent parent company for seeking the protections of bankruptcy without filing chapter 11 itself.
December 21, 2022
The failure to convert a contingent interest into ownership is not a transfer that could be avoided as a fraudulent transfer.
December 6, 2022
Agreement on the price and nothing else short of an enforceable contract.
December 1, 2022
The transfer restrictions in an LLC’s operating agreement are enforceable in a bankruptcy sale, the Tenth Circuit BAP says.
November 22, 2022
Joining the ‘slight minority,’ Judge Fenimore rules that post-petition appreciation in the value of a homestead goes to the chapter 7 estate when the chapter 13 case converts.