October 5, 2023
Judge Jacobvitz of New Mexico follows Judge Harner of Maryland in developing a standard for deciding whether a Subchapter V debtor may extend the time for filing a plan.
October 3, 2023
The Second Circuit found discretion to avoid a constructively fraudulent transfer of exempt property that would have enabled the debtor to pay her creditors in full.
October 2, 2023
Delaware’s Judge Goldblatt seems to be recommending that the Third Circuit close a loophole in confidentiality agreements.
September 29, 2023
A district judge in New York reversed the bankruptcy court, which had held that a Kuwaiti public pension fund was not entitled to sovereign immunity for having engaged in commercial activity.
September 27, 2023
The state law standards for creation of a contract governed enforceability of a term sheet signed after mediation.
September 21, 2023
The bankruptcy court in Delaware sided with four circuits by directing the U.S. Trustee to give refunds for overpayment of fees that were not uniform throughout the country.
September 19, 2023
The Fourth Circuit says that bankruptcy courts have broader jurisdiction than other federal courts and that some of their decisions are unreviewable by Article III courts.
September 15, 2023
Ninth Circuit doesn’t allow debtors to appeal when a trustee sells their home out from underneath them in a short sale.
September 8, 2023
Court’s inherent authority to sanction allows coercive contempt sanctions where rules and statutes are not up to the task.
September 7, 2023
What will become of the chapter 13 system if standing trustees must refund all fees collected in cases dismissed before confirmation? The answer is perhaps unexpected: Unsecured creditors in confirmed chapter 13 cases will pay the administrative expenses of cases that fail.