November 19, 2020
Judge Bonapfel explains why injuries to unsecured creditors in bankruptcy are the result of choices made by Congress.
November 16, 2020
Before paying up front for a lifetime club membership, read the fine print and consult a lawyer.
October 8, 2020
On an issue where the courts are split, the Tenth Circuit BAP sides with debtors and allows them to retain postpetition appreciation in the value of assets that were in the estate on filing.
September 21, 2020
The parties judged the chapter 11 case a success, even though unsecured creditors got zilch.
September 11, 2020
Bankruptcy Judge Glenn hints that the lenders and the debtor should mediate tough questions about the enforceability of a $150 million ‘sale’ of future credit card receivables.
August 10, 2020
Fifth Circuit declines to create a circuit split on the ability of a coal producer to sell assets and protect the buyer from liability for retiree health benefits under the Coal Act.
August 4, 2020
Circuit split is eroding on the loss of a homestead exemption for failing to reinvest proceeds from a sale after filing.
July 8, 2020
Disclosing a lawsuit in the SOFA and discussing the suit with the trustee is no substitute for listing the suit among a debtor’s assets, the Ninth Circuit BAP says.
June 23, 2020
The expansive definition of a ‘financial institution’ allows fraudulent transfers to be structured so that no one will ever be held liable.
June 1, 2020
Sufficiently listing an asset anywhere in the schedules and SOFA will result in abandonment if the asset was not administered by the trustee, Utah district judge holds.