January 31, 2023
Circuit Judge Thomas Ambro prohibits big companies from filing chapter 11 cases absent ‘financial distress.’
January 24, 2023
Bankruptcy Judge William Lafferty declined (for now) to halt suits against nondebtor affiliates for lack of an adequate record to justify a preliminary injunction.
January 4, 2023
District judge remonstrates a solvent parent company for seeking the protections of bankruptcy without filing chapter 11 itself.
December 15, 2022
California bankruptcy judge doubts the Ninth Circuit will adopt the BAP’s dicta by holding that technical stay violations are only voidable, not void.
October 13, 2022
False advertising that violates non-bankruptcy law isn’t necessarily a violation of the automatic stay, New York district judge says.
October 11, 2022
In spreading the automatic stay, the bankruptcy court again employed the traditional analysis without recognition that the non-debtors are solvent.
September 27, 2022
The automatic stay does not bar increasing authorized shares when the debtor is a minority shareholder.
September 26, 2022
Is doubt about whether the debtor has an interest in property sufficient to invoke Taggart and bar the finding of a willful stay violation?
July 8, 2022
Second Circuit exercises ‘hypothetical’ appellate jurisdiction when finality is murky.
June 29, 2022
Despite contrary Second Circuit dicta, retiring Judge Robert Drain certified a nationwide class in a suit for violation of the discharge injunction.