April 8, 2021
Subordination agreement did not transfer voting rights, but prudential standing nevertheless barred the subordinated creditor from participating in confirmation, Judge Somers says.
10th Circuit , Kansas ,
April 7, 2021
The Supreme Court’s Midland Funding opinion was no defense to invocation of a Nevada statute shifting fees and compelling the creditor to pay the debtor’s costs in expunging stale claims.
9th Circuit , Nevada ,
April 6, 2021
If a case is dismissed, all assets revest in the debtor and nothing remains in the bankruptcy estate, not even undisclosed assets.
March 23, 2021
A triangular setoff valid under state law does not satisfy the mutuality requirement in Section 553(a).
March 4, 2021
Deferred payments to unsecured creditors in a chapter 13 plan must equal the present value of the distributions required by the best interests test, Judge Halfenger says.
March 3, 2021
An appeal from a critical vendor order was dismissed as equitably moot.
February 24, 2021
Due process considerations persuaded District Judge Oetken to conclude that a creditor’s claims, unknown at the time, were not barred by a settlement.
February 18, 2021
Even though the debtor was no longer in business, a Medicaid fraud suit was not subject to the automatic stay and thus served as a deterrent to others.
February 10, 2021
The finding of proper notice in a confirmation order satisfies the debtor’s burden of proving notice by publication to creditors with future claims, even in the absence of a trust for future creditors, Houston judge says.
February 8, 2021
Fifth Circuit says that Oklahoma protected that state’s oil and gas producers while Texas didn’t.